People v. Gambino CA3

FACTS

On July 14, 2011, Brittney M. went to a South Lake Tahoe casino with a group of women for a bachelorette party. Between 8:00 p.m. and 2:00 a.m., she drank five or six beers and felt slightly intoxicated. At some point during the evening Brittney became separated from the rest of the group. She left the casino and walked down the street looking for a taxicab or a telephone to contact one. While she was walking, she saw a person cross from the other side of the street and saw someone, perhaps the same person, approaching her from behind on the left. The person mumbled something in Spanish and started walking beside Brittney. The only passage Brittney understood was the words, “no sex.” Brittney responded, “No.

Brady v. Maryland (1963) 373 U.S. 83 [10 L.Ed.2d 215] (Brady); Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).

2 I’m okay. You can leave. I don’t know who you are. I’m okay. I’m just going over here. I’m going to make a phone call.” The person grabbed Brittney’s hand. Brittney turned toward him, pointed, and said, “No. I’m just going right here. I’m okay. I’m okay.” The next thing Brittney remembered was being on the ground with the person on top of…