People v. Williams CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

In April 2009, defendant approached S.L. two or three times as she walked away from a bus stop. The last time he approached her, defendant had one of his hands in the pocket of the hoodie he was wearing, told her in an agitated voice that he had a gun, and ordered her into a nearby dark alley. Once in the alley, defendant removed S.L.’s pants, performed oral sex on her and ordered her to perform oral sex on him; when he ejaculated, she spat it out. S.L. reported to some persons (but not to others) that she also performed oral sex on defendant a second time and that defendant attempted to have vaginal sex with her. Once the sex acts were completed, defendant walked S.L. back to the alley’s entrance and told her to wait there until he left in his car. In May 2012, law enforcement showed S.L. a photospread and she identified defendant as her assailant. After this identification, law enforcement compared defendant’s DNA with the DNA in the semen collected from S.L.’s chin immediately after the assault; there was a match. Law enforcement questioned defendant. He indicated that he did not know S.L., was unfamiliar with the neighborhood…