P.

BACKGROUND

A. Testimony Regarding the Incident On February 11, 2009, Jane Doe2 took care of an elderly couple who lived in Watsonville. After work, she remained at the house and began drinking alcohol. She had more than two drinks. Sometime between 8:30 p.m. and 9:30 p.m., Doe decided to walk to her ex-boyfriend’s home on Dogwood Drive. As she walked, Doe felt safe, wondering, “Who would touch a 56-year-old woman?” Doe’s route took her down the sidewalk along East Lake Avenue. About 10 to 15 minutes into her walk, Doe saw two men approaching her. One of the men was young, tall, and thin, and he had a pit bull on a leash. The second man – defendant – was older, shorter, and heavier, with “real short” hair. Defendant told the other man to leave. He then pulled Doe by the hair and arm, moving her about four or five feet off the sidewalk, away from the street. Defendant pushed Doe’s head into a cement wall, and she ended up on the ground next to some bushes. Defendant told Doe to “shut up” and said he was going to “fuck [her] to death.” Doe realized her pants were down around her ankles. Defendant penetrated her vagina with his finger and then with his penis. After saying “I’m…