People v. Spence CA2/3

FACTS AND PROCEDURAL BACKGROUND

Consistent with our standard of review, we state the facts and the evidentiary support for the requested instruction in the light most favorable to the defendant, Spence. (People v. Wright (2015) 242 Cal.App.4th 1461, 1483; see People v. Wilson (1967) 66 Cal.2d 749, 763 [“Doubts as to the sufficiency of the evidence to warrant instructions should be resolved in favor of the accused.”].) An information charged Spence with kidnapping for rape (§ 209, subd. (b)(1)), rape of an unconscious person (§ 261, subd. (a)(4)), and rape of an intoxicated person (§ 261, subd. (a)(3)), all perpetrated against a single alleged victim, C.R. The evidence at trial showed, on June 22, 2017, C.R. met with friends for happy hour before attending a concert

Statutory references are to the Penal Code.

2 at Staples Center. Around 6:30 p.m., C.R. began drinking at a restaurant across the street from the concert venue. C.R. and her friends arrived at Staples Center between 7:30 and 8:00 p.m., where C.R. consumed more alcohol and ate a marijuana edible. At about 10:00 p.m., C.R. texted her boyfriend to say she was doing well and would be home later. After the concert,…