People v. Tesfa CA4/1
Opinion
Opinion
STATEMENT OF FACTS
Tesfa does not challenge either the admissibility or the sufficiency of the evidence
to support his convictions. Indeed the facts of the offense play no part in the resolution of
the issue on appeal. However, to provide background we will adopt the summary of facts
set forth in the appellant's opening brief.
All further statutory references are to the Penal Code unless otherwise specified. 2 A. Prosecution Case
On March 18, 2013, Jessica W. had been talking to a college about financial aid,
and looking at places to live in downtown San Diego. She bought a four pack of little
wine bottles and drank two of them, leaving her "buzzed." She then took the trolley to
Old Town, and walked to Fuller Liquor, where she bought two more little wine bottles.
She left Fuller Liquor at 7:54 p.m.
Jessica was in the parking lot of Perry's Cafe, drinking some of her wine, when
appellant came up to her and the two exchanged pleasantries. Appellant was "charming,"
and "very, very friendly," and told Jessica she was "beautiful." Jessica was flattered, as
she had suffered injuries to her face in a mountain bike accident, and had gone through