People v. Bonhomme CA2/6

Filed 4/21/16 P. v. Bonhomme CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B261119 (Super. Ct. No. 1418996) Plaintiff and Respondent, (Santa Barbara County)

v.

JERRY PROVIDENCE BONHOMME,

Defendant and Appellant.

Jerry Providence Bonhomme appeals from the judgment entered after a jury convicted him of rape of an intoxicated person (count 2 - Pen. Code, § 261, subd. (a)(3)); being under the influence of a controlled substance, a misdemeanor (count 5 - Health & Saf. Code, § 11550, subd. (a)); and rape of an unconscious or asleep person (count 6 - Pen. Code, § 261, subd. (a)(4)(A)). For the two rape convictions, he was sentenced to prison for 16 years. For the misdemeanor conviction, he was sentenced to an additional one year in county jail. Appellant contends that the trial court erroneously instructed the jury and admitted evidence of uncharged sexual offenses. We affirm. Facts Count 2 - Rape of an Intoxicated Person (H.A.) After midnight on February 25, 2012, H.A. went to a nightclub. She "was extremely drunk." "[E]verything was getting . . . intensely blurry." Appellant, a

complete stranger, sat next to her. They began conversing and then kissing. At appellant's suggestion, they left the nightclub, entered appellant's car, and drove to his house. Appellant led H.A. into his bedroom. She felt "just really drunk" and vomited into a trash can. She then fell asleep on appellant's bed. She was wearing blue jeans and a tank top. H.A. was awakened by "this sensation of a penis inside [her vagina]." Her blue jeans had been pulled down to expose her buttocks. She asked appellant what he was doing. He replied that "she had been grabbing him and that [she] was on top of him." H.A. said that she did not want to have sex with appellant. At appellant's suggestion, H.A. removed her blue jeans and put on pajama pants. She "still felt really, really sick." She vomited some more into the trash can. She then lay down on the bed, closed her eyes, and pretended to be asleep. After a few minutes, appellant lay down behind her and put his fingers inside her vagina. Next, he grabbed her wrist, put her fingers around his erect penis, and "moved [her] wrist up and down." When he pulled down H.A.'s pajama pants, she started screaming and crying. She accused him of being a rapist. Appellant protested, "This is a misunderstanding." He drove H.A. to her parked car. Count 6 - Rape of an Unconscious or Asleep Person (B.B.) Appellant and B.B. were friends. They did not have a romantic relationship. One night in December 2011, B.B. and her boyfriend became intoxicated at a party after drinking alcohol. Appellant, who was at the party, drove them to his house. Appellant gave B.B. a drug. After ingesting it, she immediately fell asleep on appellant's bed. When she fell asleep, she "was definitely intoxicated." She was lying on her left side. When she awoke, appellant was on the bed directly behind her. Her pants had been pulled down below her hips, and appellant was "having sex with [her] as much as he could." He penetrated her vagina with his penis. B.B. pushed appellant away. Appellant drove B.B. and her boyfriend home.