People v. Mabe CA4/2

STATEMENT OF FACTS

A. Prosecution Evidence.

Spouses John and Jane Doe2 lived in a ground-floor condo in a gated country club

community in Palm Springs. John was 71; Jane was 69.

On the night of April 20-21, 2016, they were at home, asleep in the master

bedroom. All the doors and windows were locked. John was lying on his side, in the

nude.

Around 3:30 a.m., a man standing by the side of the bed turned John over onto his

back and started to orally copulate him. John assumed it was his wife. He reached

toward the person and felt an erect penis and testicles.

The trial court ordered that the victims be referred to in the record by these fictitious names. (See § 293.5.) The trial court observed for the record that, at trial, the Does “look[ed] like folks in their 70s.”

3 The man lay across John’s chest and grabbed Jane’s breast and “pubic area” in an

“incredibly aggressive and invasive” manner. Then he grabbed her chin in a “rough” and

“strong” manner. She assumed it was her husband. She said, “[N]ot so rough.” “What

the hell are you doing?”

John pushed the man away and got up. Jane turned on a light. John and Jane both

later identified the person they…