People v. Flores CA1/1

BACKGROUND

The victim testified that on a night in August 2018, she and two coworkers went out to drinks at a downtown San Francisco bar. The victim, who weighed a little over 100 pounds, had at least two cocktails and a shot of vodka. Afterwards she was “really, really drunk,” and she called an Uber to take her to her Foster City home. After entering the wrong address, the Uber driver dropped the victim off, alone, a couple of miles from the bar and still in San Francisco. Before

1 leaving, the driver and the other passenger attempted to call the victim a second Uber.1 They had to type in her destination because she “wasn’t capable” of doing it herself. They informed her the next Uber would arrive in approximately five minutes and departed. The subsequent Uber was not able to locate her, and the victim attempted to call a third Uber. Defendant, who was driving a red car, stopped near the victim, and asked where she was going. The victim remembered seeing an “Uber label” in his car. Thinking this was her driver, she got into the car and told him her address. The victim remembered falling asleep at different points of the ride. When she awoke one time, defendant was touching her…