People v. Scott CA3

FACTS

The victim asserted that defendant entered her apartment in the middle of the night while she was asleep and she awoke to him licking and digitally penetrating her vagina and anus. She had met defendant at a class at Butte College in 2011, but they did not have a dating or sexual relationship. She did not give defendant permission to enter the apartment, and she did not consent to the sexual acts. Defendant fled when the victim’s boyfriend returned from a walk.

THE PRELIMINARY EXAMINATION AND THE MOTION TO SET ASIDE

A police officer who was a detective when the crimes were investigated testified that the victim told him she remembered the assailant from a public speaking class. He

2 rode the bus with her and, on one occasion, came to her apartment to watch television and eat popcorn. A police detective testified the victim said she and defendant communicated by text message. He further testified that the victim remembered sending defendant 6 to 12 text messages. The victim’s last contact with defendant was in June of 2011. The detective testified the victim’s boyfriend told him he left the door to the apartment unlocked when he went for his customary late-night walk to…