P. v. Chavez
Appellant/defendant Gilbert Albert Chavez was charged and convicted of count I, assault with intent to commit rape during a first degree burglary (Pen. Code,[1] § 220, subd. (b)); count II, first degree burglary (§ 459), with the special allegation that another person, other than an accomplice, was present in the residence during the commission of the offense (§ 667.5, subd. (c)); and count III, rape of an unconscious person (§ 261, subd. (a)(4)). He was sentenced to life with the possibility of parole for count I, and the midterm of six years for count III; the court stayed the term imposed for count II.
Defendant was alleged to have committed the offenses after he had been at a party at the home of the reporting victim (hereinafter “S.N.â€), and her husband (hereinafter “J.N.â€), during which defendant, the hosts, and the party guests continually drank beer and vodka for hours. Defendant left the party with his adult sons, but returned to S.N. and J.N.’s house by himself. He drank more beer, went into their house to use the restroom, fell asleep, woke up, got into bed with S.N. and J.N., and performed an act of sexual penetration on S.N. S.N. knew that a man was trying to have sex with her but thought he was her husband. When S.N. realized that he was not her husband, she screamed and her husband confronted him, and defendant left the bedroom.
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