People v. Robinson CA2/3

BACKGROUND

I. The sexual assaults of Andrea I., Diana J., and J.F.

Robinson was charged with offenses arising out of his sexual assaults of three women: Andrea I., Diana J., and J.F.

1 All further undesignated statutory references are to the Penal Code. 2 People v. Franklin (2016) 63 Cal.4th 261 (Franklin).

2 A. Andrea (counts 1 & 2) On March 3, 2017, Andrea, who was 33 years old, was walking home on Wenatchee near Bakersfield College when a man came up from behind her, put an arm around her neck, and told her not to scream because he had a gun. He bent her over a waist-high wall so that her back faced him. He pulled down her pants and underwear, massaged her vagina with his hands, and then rubbed his penis against her vagina but did not penetrate her. After pulling up Andrea’s pants, he took money from her purse and told her she could go. B. Diana (counts 3 to 7) On the morning of April 21, 2017, Diana, a 15-year old high school sophomore, was walking to the school bus when she noticed a man behind her. He grabbed her from behind, around her neck, and told her that if she was smart, she would listen. Diana waved at a passing car for help, to no avail. The man choked…