People v. Ana
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K.D. called 911; she wanted Ana out of her apartment. K.D. then texted a friend that Ana “raped me last night while I was knocked out.” Ana was interrogated after waiving his Miranda rights. In a recorded interview, he told the detectives that he and K.D. had a sexual relationship and that she had told him she no longer wanted to have a sexual relationship; that K.D., seemingly drunk, had texted him about coming to the apartment; that, at the apartment, after K.D.’s friends left he had sex with her while she was sleeping. K.D. underwent a sexual assault response team examination by a sexual assault forensic nurse, who testified that K.D. had multiple abrasions and lacerations to her external and internal vaginal areas. DNA samples were taken from genital swabs; a criminalist testified that the DNA samples matched K.D. and Ana.
The court of appeal affirmed his convictions for rape of an intoxicated person and rape of an unconscious person, rejecting arguments the interrogating officers violated Ana’s Miranda rights, the trial court made improper comments when questioning an expert witness, counsel provided ineffective assistance by not objecting to a nurse’s qualifications as an expert, the jury instructions did not correctly define consent, and that the court erred in resolving a jury deadlock. The court stayed the punishment for rape of an unconscious person under Penal Code section 654.
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