People v. Hernandez
133 Cal. Rptr. 3d 229
Cal. Ct. App.2011Background
- Ramon Ruiz Hernandez was convicted by a jury of rape of an unconscious person under California Penal Code § 261, subd. (a)(4) and sentenced to three years in state prison.
- The victim, A.B., woke to find she was sexually assaulted after spending the night at Alejandra Garcia’s Glendale apartment; she had been drinking and could not recall the events the next morning.
- DNA and forensic evidence showed saliva on A.B.’s neck and sperm on her genitalia were Hernandez’s; there were lacerations consistent with blunt penetrating trauma.
- Hernandez initially denied sex with A.B., then provided increasingly detailed explanations, ultimately admitting the sex occurred with A.B. being unconscious at times and not consenting.
- At trial, Hernandez testified the encounter was consensual and described the kissing as consensual with both women; he claimed A.B. was awake and willing at times.
- The trial court instructed the jury under CALCRIM No. 1003 that rape required the victim to be unconscious of the nature of the act and the defendant to know she was unable to resist.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence shows A.B. was unconscious and Hernandez knew it | Hernandez's statements show A.B. slept or was drunk, not unconscious. | Sufficient evidence supports unconsciousness and knowledge by Hernandez. | Substantial evidence supports unconsciousness and knowledge. |
| Whether the trial court erred by not instructing on simple battery as a lesser included offense | The jury could find kissing without consent but sex was consensual. | Battery is not a lesser included offense of rape of an unconscious person; even if included, no substantial evidence supports it here. | No instructional error; battery not a lesser included offense and no substantial evidence to support it. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (standard for reviewing sufficiency of evidence)
- People v. Ochoa, 6 Cal.4th 1199 (Cal. 1993) (reaffirms sufficiency review; jury credibility not reweighed)
- People v. Parson, 44 Cal.4th 332 (Cal. 2008) (test for inclusion of lesser offenses in relation to greater offenses)
- People v. Wilson, 43 Cal.4th 1 (Cal. 2008) (substantial evidence standard for lesser included offenses)
- People v. Breverman, 19 Cal.4th 142 (Cal. 1998) (standard for submitting lesser included offenses)
- People v. Giardino, 82 Cal.App.4th 454 (Cal. App. 2000) (rape of an intoxicated person; force not required element of rape)
- People v. Dancy, 102 Cal.App.4th 21 (Cal. App. 2002) (unconsciousness as element in rape; non-consent regardless of consent in advance)
- People v. Myers, 61 Cal.App.4th 328 (Cal. App. 1998) (definition of battery and touching under § 242)
- People v. Rocha, 3 Cal.3d 893 (Cal. 1970) (broad interpretation of battery elements)