People v. Castaneda CA4/2

I. FACTS

On the evening of February 27, 2013, defendant sexually assaulted Jane Doe. Doe

testified they met at a bus stop and walked from Colton to Grand Terrace. En route, they

stopped for a “smoke break.” During the stop, defendant showed Doe his Swiss army

knife and his sex video with his girlfriend on his cell phone. Doe became uncomfortable

and attempted to leave; however, defendant stopped her. He asked her for a kiss, but she

declined, and so he asked her for a hug and she complied. Defendant would not let go of

Doe, who began fighting and screaming for help. He covered her mouth and punched her

until she became quiet. He hit her on both sides of her mouth and began to suffocate her,

All further statutory references are to the Penal Code unless otherwise indicated.

2 telling her to “‘Shut the fuck up’” and “‘You’re going to get fucked. All right?’” Doe

stopped fighting and said, “‘Okay. Okay.’” Defendant made Doe cup his genital area

while he kissed her. She felt blood in her mouth. Shortly thereafter, defendant pulled

down his pants he told Doe to “‘Give him head.’” Doe orally copulated him until he

climaxed. She complied with his demands so she could…