People v. Rigmaden CA3

FACTS

Burglary and Assault on B.R. On October 9, 2010, B.R., an 87-year-old widow, lived in a cottage at a retirement community. After dinner that night, she fell asleep reading a book in the living room

Further undesignated statutory references are to the Penal Code. Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694].

2 with the television on. When she awoke, defendant was standing in front of her with a towel over his face, asking for money. She said she had none and he insisted she get up. As she struggled to get up, defendant hit her three or four times. She fell and broke the glass on the coffee table. Defendant pushed her towards the bedroom. She told him, “ ‘God loves you. I see something good in you. I’ll pray for you.’ ” Defendant took her clothes off, pushed her to the bed, and raped her. She screamed that God loved him and she had never had sex with anyone but her husbands.3 Defendant continued to sexually assault B.R., putting his penis in her rectum.4 She screamed and defendant put a towel over her face. B.R.’s earring was missing and defendant helped her find it. He also got her ice for her black eye. Then he left and B.R. called 911. B.R. could not…