People v. Garcia
California Court of Appeals
169 Cal. Rptr. 3d 556 (2014)
- Written by Kaitlin Pomeroy-Murphy, JD
Facts
In May 2011, victim M. was working at a store in Escondido, California. M. observed a man, Hugo Garcia (defendant), riding his bike in front of the store. After her coworker left for the day, Garcia entered the store, smiled at M., and left. Not long after, he reentered the store, and began asking M. what she described as weird questions. Garcia then pulled out a gun, pointed it at M., and demanded she give him all the cash in the register and on her person. She complied. Garcia then instructed M. to close the store and walk to the back of the store. He asked M. if there was a bathroom. She said yes. M. refused to walk down the back hallway to the bathroom, and begged Garcia not to hurt her. Garcia told her to remove her clothes and motioned for her to walk to the bathroom. Scared, she complied. Garcia proceeded to rape M. in the bathroom. Afterward, he told M. to stay in the bathroom, and he left. Garcia was convicted of two separate counts of burglary, count 1 and count 4. Garcia appealed on the grounds that there was not enough evidence to support his conviction on count 4, which was based on his entry into the store bathroom with the intent to sexually assault M.
Rule of Law
Issue
Holding and Reasoning (Benke, J.)
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