People v. Hernandez CA4/3

FACTS

I. Substantive Facts

Michael Dougherty invited James Doe1 to a concert, and they agreed to meet at the auditorium at 8:00 p.m. Between 3:30 and 7:00 p.m., James, who weighed about 182 pounds, drank seven 16-ounce Bud Lights. He cooked dinner for his wife, Kerry Doe (Kerry), but he abstained because he did not want to interfere with his “buzz.” About 7:00 p.m., James went to the light rail stop, bought a pass that allowed him unlimited rides for the evening, and got on the train. James missed his intended stop and exited the train one or two stops past the auditorium. James texted Dougherty, who told James to meet him at 8:30. James went to a bar to use the restroom, and had two 16-ounce Bud Lights. James met Dougherty at the appointed time. The auditorium did not sell Bud Light, so they ordered IPAs, a beer with a higher alcohol content. James had at least three and as many as five 16-ounce IPAs. The concert ended about 11:00 p.m., and they went in search of more alcohol. At the first bar, the bouncer refused them entry because James was too intoxicated. At the bar next door, they each ordered a Bud Light. About 30 to 45 minutes later, they went across the street to a bar…