People v. Silva CA3

BACKGROUND

The amended information alleged that defendant committed oral copulation of an unconscious person (count 1), oral copulation of an intoxicated person (count 2), sexual penetration by an unknown object of an intoxicated person (count 3), and sexual penetration by an unknown object of an unconscious person (count 4). (Pen. Code, §§ 287, subds. (f) & (i), 289, subds. (e) & (d).)1 The amended information also alleged several aggravating circumstances under California Rules of Court, rule 4.421 not relevant to this discussion. The victim and his wife had been married for one year but had been together for 12 years. The victim’s wife testified that their relationship was good but a bit rocky. The victim, meanwhile, testified that he was not getting along with his wife, and they had agreed to separate. He was severely depressed and abusing alcohol. On Christmas day, the victim and his wife celebrated the holiday with their children at home. The victim consumed alcohol all day, beginning when he woke up that morning. Around 7:30 p.m., the victim went to his boss’s house for a dinner party and drinks. His wife testified that his boss picked him up in a car.

Undesignated…