People v. Hamilton CA3

BACKGROUND

G.D. solicited defendant for sex using a cell phone app. The two went to G.D.’s home, smoked methamphetamine supplied by G.D., and had consensual sex. After the consensual sexual encounter, defendant hit G.D. repeatedly, saying “[w]e can do this the easy way or the hard way.” With his hands around G.D.’s throat, defendant demanded “easy way or hard way” and threatened to kill G.D. until G.D. said he wanted the “easy way.” Defendant asked G.D. how much money was in the house. He resumed hitting G.D. when G.D. said he only had $30. G.D. then admitted he had $400. When G.D. tried to run for the front door, defendant punched G.D. and put him in a chokehold so that G.D. could not breathe. He forced G.D. to perform oral sex on him. He penetrated G.D.’s anus with his finger and tongue multiple times. He also penetrated G.D.’s anus with his penis. G.D. did not consent to those sexual acts.

Undesignated statutory references are to the Penal Code.

2 Defendant bound G.D.’s wrists behind his back with zip ties and placed handcuffs tightly around G.D.’s ankles. He later used a dog leash to hog-tie G.D. G.D. occasionally lost consciousness, but he saw defendant searching the…