P. v. Bluitt CA2/4

Filed 5/8/13 P. v. Bluitt CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B238519

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA116798) v.

DARNELL BLUITT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Pat Connolly, Judge. Affirmed. Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Darnell Bluitt appeals from the judgment entered following his conviction by jury on one count of rape of an unconscious person. (Pen. Code, § 261, subd. (a)(4).)1 We affirm. On February 15, 2011, around 2:30 p.m., Lawanda Bogan was driving her bus down Compton Boulevard, nearing the end of her shift. There were five passengers on the bus at the time. As she approached a bus stop at the corner of Compton and Willowbrook, she saw a man bending over the bus stop bench. His hands were on the top of the bench, and he was leaning over the seat. Bogan initially thought the man was relieving himself, but then she saw a woman underneath him. The man’s pants were down, and he was moving up and down, as if he were having sex. Bogan stopped her bus to let a female passenger off, and Bogan noticed that the woman on the bus stop bench had her eyes closed, was passed out, and was not moving. The female passenger looked out the bus window and exclaimed that the man was raping the woman, so Bogan told her to flag down a sheriff who was at a nearby El Pollo Loco restaurant. The passenger exited the bus and started screaming at the man, “You’re raping her. Get off of her.” Bogan moved the bus forward and opened the doors again, and she saw a woman standing near the bus stop flag down the sheriff, who was leaving the El Pollo Loco parking lot. The man on the bus stop bench was still on top of the woman, but he was looking toward the sheriff. Bogan identified appellant in court as the man. Appellant got off the woman, sat next to her on the bench, pulled up his pants and zipped them. The woman appeared to be passed out, with her head tilted to one side, and her pants pulled down so that her vagina was exposed.