People v. Zamudio CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

In March 2010, Zamudio was a guest at a friend’s house where a 55-year-old developmentally disabled woman (Jane Doe) lived.1 One night Zamudio entered Doe’s bedroom, lay down next to her, and told her to remove her disposable undergarment. Zamudio then touched Doe and had sex with her, covering her mouth when she tried to

1 In the absence of a trial or completed preliminary hearing, this factual and procedural background is taken from the presentence report prepared by the probation department.

1 call for help. Doe’s mother called the police upon discovering Zamudio in Doe’s bedroom hiding under the bed. Zamudio was charged with one count of sexual intercourse with an individual incapable of giving legal consent (Pen. Code § 261, subd. (a)(1)),2 and one count of unlawful sexual intercourse by force (§ 261, subd. (a)(2)). He pleaded no contest to the charges and was sentenced to serve six years in state prison on each count, with imposition of the sentence as to count two stayed under section 654. As part of his no contest plea, Zamudio signed a waiver advising him that he could be subject to a mandatory restitution fine between $200 and…