People v. Smith CA3

FACTS

During the early morning hours of March 9, 2019, D. was at a bar in Chico with some acquaintances. When the bartender announced last call, she decided to walk home alone. D. was intoxicated, but “still coherent.” She came across defendant at some point

A concurrent sentence of six months was imposed for the battery.

2 during the walk. They struck up a conversation as they walked. When they got to an east-west alley off of Salem Street, defendant pushed D. into the alley and raped her. There was no real dispute at trial as to defendant’s identity. DNA collected during D.’s sexual assault examination came back as a match to defendant’s DNA in an online database. Further DNA samples were then taken from defendant to confirm. Those samples also matched the sample collected during the sexual assault examination. Defendant’s main defense at trial was consent. However, because defendant does not challenge the sufficiency of the evidence establishing he forcibly raped D., we decline to recount all of the evidence adduced to establish D. did not consent to defendant’s actions in the alley. It will suffice to note that her testimony and prior statements to police, the sexual…