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FACTS

One early afternoon, Sheryl M. (Sheryl), a 58-year-old woman, was walking on the Esplanade Trail in North Tustin listening to music on her IPod. The trail runs adjacent to Esplanade Avenue, which is a paved two-lane road. Gravel, trees, and bushes separate the road from the trail, and another area of bushes separates the opposite side of the trail from the backyards of multiple homes. The well-marked trail is used by many local residents for exercise and recreation. Pedestrians on the trail can see passing cars on Esplanade Avenue, and commuters on Esplanade Avenue can see pedestrians on the trail. As Sheryl walked down the trail, she saw Fraga, who is approximately six feet, one inch tall and weighs about 250 pounds, cross Esplanade Avenue and walk onto the trail ahead of her. Fraga was dressed in jogging clothes, and he pretended to tie his shoes on a bench as Sheryl walked past him. Fraga and Sheryl did not say anything to each other as she passed, but they made eye contact. Sheryl had never seen Fraga before that day. Shortly thereafter, Fraga approached Sheryl from behind and grabbed her around her arms and waist. Sheryl immediately recognized Fraga, the man she had…