People v. Nazario CA4/3

FACTS AND PROCEDURAL HISTORY

One evening in April 2013 Samuel Garcia was driving through Stanton. Although he was aware prostitutes used that area, he denied knowing transvestite prostitutes frequented it or that he was looking for a prostitute. As he drove he saw a prostitute, who was later identified as defendant, waving at him. Even though defendant looked female, Garcia later suspected she might be a man. After Garcia arranged to have intercourse with defendant for $80, defendant got into Garcia’s car and they drove to a motel where defendant had a room. When Garcia got to the room it was messy and dark, causing him to feel uneasy. He wanted to go into the restroom so he could investigate defendant’s gender. When he opened the door he saw a man sitting on the toilet. Garcia left the room without engaging in any sexual activities. Defendant followed him, asking him to stay, but Garcia declined. When she caught up with Garcia, she “pok[ed]” him on his back but Garcia kept walking. Defendant kept poking Garcia’s back and then reached for his back pocket where he kept

1 Although defendant is a biological male she identifies as a female and we use feminine pronouns when referring…