People v. Chastain

McGOLDRICK, J. pro tem.* Defendant Chastain was convicted of violating Penal Code, section 207 (kidnaping) and Penal Code, section 261, subdivision 3 (rape). A new trial was granted as to the kidnaping conviction whereupon it was dismissed. The appeal is from the judgment of conviction of Penal Code, section 261, subdivision 3 (rape). Codefendant Chavez was granted a separate trial and he was convicted of violating Penal Code, section 207 (kidnaping). The charges arose out of the same transaction.

Chavez also appealed and his case is the subject matter of a separate opinion.

[435]The facts are the same in both cases except that in this case Chastain was called as a witness in his own behalf. He testified as follows:

When Chavez jumped back into the car, Mrs. Mills stood up and locked one door, Chavez locking the other. But after Chavez sped off leaving Mr. Mills, Mrs. Mills said, “I didn’t mean like this.” Mrs. Mills told Chastain, “ [She] did tell Chavez she wished to go with him but wanted to take her husband home first.” Chavez turned the car around and proceeded to drive back near the area where Mr. Mills was left whereupon Chastain directed the ear to be stopped and Mrs. Mills to get out. She said, “No, no, I’m willing. I’m willing, T want this more than you guys do. ’ ’

All three occupants got into the front seat and drove down the freeway for about two miles, then pulled off on the side. Chavez and Mrs. Mills then got into the back seat and Chastain drove on, but became caught in a pocket of traffic on the freeway. Since everyone could see Chavez and Mrs. Mills undressed in the back seat, he turned off the freeway and stopped. Chastain got out of the ear, later returned, and after sitting there a few minutes was asked by Chavez, “Do you want some of this?” Chastain replied, “No, I’m going to have to pass on that.” Chavez then said, “She don’t want me back here,” Mirs. Mills replying, “Yes, I do.” Chavez, however, got into the front seat and Chastain climbed into the back where he had intercourse with Mrs. Mills.

Chavez then returned to the back seat and Mrs. Mills asked if he thought he would do her any good. Chavez was with her 15 or 20 minutes and Chastain then had intercourse a second time.

Chastain asked Mrs. Mills what her husband was going to do and she replied, “He just stayed drunk; they didn’t have any kind of relations; she was ready to leave him.” Chastain told Mrs. Mills he couldn’t take her any place and she said she would give him her address so he could come see her, but not to bring Chavez. She asked for a pencil and paper and wrote down her address, saying “Be sure and come visit.”