People v. Gary CA4/3

FACTS AND PROCEDURAL HISTORY

The victim was walking in the Civic Center area of Santa Ana at around dusk. The victim was five feet, three inches tall and weighed about 108 pounds. Gary approached the victim from behind and grabbed her by the neck. Gary was just over six feet tall and weighed about 240 to 250 pounds. Gary covered the victim’s mouth and nose and yanked her off the sidewalk. Gary dragged the victim about 41 feet to a ramp near the entrance of a nearby government building. The location was not easily visible to passersby on the street. Gary pulled down the victim’s pants, exposing her vagina and buttocks. Gary pulled down his pants, exposing his penis. Gary pushed down the back of the

1 Further undesignated statutory references are to the Penal Code.

2 victim’s head toward his penis. The victim resisted by turning her head away and pushing him. The victim felt Gary’s penis on her vagina, but Gary was unable to get an erection and penetrate her. Gary inserted two of his fingers into the victim’s vagina as she resisted. Gary touched the victim’s breasts with his hands. A jury found Gary guilty of kidnapping for the purpose of committing forcible rape, sexual…