People v. Palacio CA3

BACKGROUND

Prosecution Evidence On the evening of July 12, 2012, Jane Doe2 and her sisters planned to have dinner and watch a movie with their mother. Doe was disappointed when she received a call that her mother had gotten drunk and passed out. As was her custom when she became upset, Doe went outside for a walk at around 10:00 p.m. Around 10:00 or 10:30 p.m., Doe stopped to use the bathroom at a gasoline station. She then continued walking for several hours, eventually heading southbound on Walerga Road in Sacramento and passed Steve’s Liquor and Food. Doe continued walking uphill on Walerga toward the bridge and encountered a man -- whom she later identified as defendant -- walking downhill toward her. Defendant stopped her and asked her why she was out there. Doe responded that she was out for a walk. Defendant asked where she lived, and she responded vaguely. He then asked her name, and Doe gave only her first name. Defendant responded that his name was Marcus. Defendant then told Doe it was not safe to be walking in that area. When Doe tried to end the conversation and walk away, defendant put out an arm to keep her from walking past him. He then asked for a hug. When Doe…