People v. Rodriguez CA5

STATEMENT OF FACTS

I. Prosecution case-in-chief.

On March 16, 2012, sometime after dusk, Jane Doe2 was walking to her house through Martin Luther King Park in Bakersfield when she was approached by a tan- skinned man who appeared to be either “around high school age” or in his early 20’s and wore a hooded jacket, a beanie, and jeans. He threw her facedown to the ground, mounted her, and seized her backpack, which contained her mother’s laptop computer. When Jane Doe tried to retrieve the backpack, the man grabbed her shirt and dragged her toward a restroom. At some point, he tore the shirt and punched her in the head. Inside the empty restroom, the man removed Jane Doe’s pants and inserted his penis into her

Unless otherwise indicated, subsequent statutory citations refer to the Penal Code. In this opinion, the victim is identified by the pseudonym “Jane Doe” to protect her privacy. (See § 293.5, subd. (a).) No disrespect is intended.

2. vagina as she signed the word “no” repeatedly.3 A few minutes later, he ejaculated. The man then left the restroom with the backpack.4 Thereafter, Jane Doe went home and reported the incident to her mother, who called 911.…