In re Peter K. CA2/2

Filed 8/4/14 In re Peter K. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

In re PETER K., a Person Coming Under B250547 the Juvenile Court Law. (Los Angeles County Super. Ct. No. FJ48796)

THE PEOPLE,

Plaintiff and Respondent,

v.

PETER K.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Benjamin R. Campos, Juvenile Court Referee. Affirmed. Mary Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________________________________

The juvenile court sustained a November 7, 2012 petition alleging that minor Peter K. committed the offense of rape of an unconscious person (Pen. Code, § 261, subd. (a)(4)).1 ~(CT 49, 233-234; RT 77)~ The juvenile court declared that minor continued to be a person described by Section 602 of the Welfare and Institutions Code and placed him in the camp-community placement program for six months. ~(RT 83)~ The court declared the offense a felony and stated that the maximum term of confinement should not exceed nine years. ~(CT 233-234; RT 83)~ Minor appeals on the ground that there was insufficient evidence of rape of an unconscious woman, since two essential elements of that offense were not proved.2 FACTS Prosecution Evidence On August 28, 2010, Aaliyah S. went to “kick it” with some friends, whom she identified as minor, Diego, and Carlos. She and the others “ended up” drinking and smoking marijuana in the apartment of a friend named Luis for approximately two hours. ~(RT 8, 9, 20, 21, 22, 36)~ She felt the effects of the alcohol and marijuana. ~(RT 9)~ At one point, they all went downstairs to the garage and got inside a truck. ~(RT 9, 35)~ Aaliyah was in the back seat smoking marijuana with minor, Carlos, and two other people. ~(RT 10, 22)~ She became sick and left the truck, as did everyone else. ~(RT 10)~ After Aaliyah threw up, she asked if she could go inside a car because she did not want to go to her aunt’s house looking “messed up.” ~(RT 10-11)~ Minor took her to an old Mercedes that Diego was fixing up. ~(RT 11, 26, 33, 36)~ It was in the back of the parking structure. ~(RT 34)~ Minor left with some other people, and Aaliyah fell asleep in the back seat of the car. ~(RT 11, 33)~ When she woke