People v. Garcia-Torres CA1/3

BACKGROUND

A. Prosecution Evidence In 2017, Daphne C.C. and Garcia-Torres were married. They lived in

Undesignated statutory references are to the Penal Code.

1 a house with several members of Daphne’s family, including Daphne’s 21- year-old sister, Jane Doe. Doe and Garcia-Torres, who was 24, had a “brother/sister like relationship.” Garcia-Torres assured Daphne that Doe was “not his type” and “that he saw her as a sister.” Doe confirmed that Garcia-Torres treated her “like a younger sister.” She had no romantic feelings for Garcia-Torres. Doe never flirted with Garcia-Torres, touched him affectionately, or kissed him. In the summer of 2017, Doe had a boyfriend. 1. August 2017 Incident On a late August 2017 evening, Doe, her boyfriend, and Garcia-Torres were in the garage of the family house repairing Doe’s boyfriend’s car. Daphne was at the house but not in the garage. Over the course of the evening, Garcia-Torres “kept giving [Doe] beers to drink.” Doe drank the beers. She also drank a cocktail Garcia-Torres made for her. Later that evening, Doe used the restroom in the house because she “wasn’t feeling too good.” Then she rested on the couch with her boyfriend.…