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This opinion has not been certified for publication or ordered published for purposes of rule 8. KA v. Kamala D. Harris, Attorney General, Lance E.

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Taylor testified she did not have any bruising or scratches prior to going out that evening, none of the people who helped her when Paulina was on the ground had grabbed her, and nothing had happened after she left the motel room that would have caused the bruises. Jose Nunez, a deputy sheriff in Bexar County, Texas, was arrested on a warrant for super aggravated sexual assault. The relevant circumstances may be obtained from the record in the case, the probation report, statements from the victim of the crime and evidence introduced at the sentencing hearing.

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It is not for this court, however, to weigh those competing considerations. A few hours later Taylor went to the hospital where she underwent a sexual assault response team examination SART and had the tampon, which had lodged in her vaginal canal next to her cervix, removed. After 20 to 30 minutes Taylor and Paulina began walking toward the club, but Paulina was having difficulty with her balance.

Even the bouncers at the club would not let the girls in because Paulina appeared too intoxicated. Statistically, a possible contribution means a random match would occur in one out of 3.

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As Taylor and Paulina walked back to the car, Paulina continued to stumble while Taylor tried to assist her. Similarly, Paulina was so intoxicated she did not remember anything and woke up severely bruised and scratched.

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She next recalled being in the backseat of a car, seated behind Paulina, who was in the front passenger seat. Calhoun 40 Cal. The jury also heard testimony from Stephanie and Josh that Taylor told them she and Paulina had been Nuunez. The girls put their arms around each other to help Paulina walk.

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While the law's supporters say it is deed to protect people by enforcing laws already in place, it also allows local authorities to investigate whether a person is legally in the United States. The girl had been suffering from physical pain and "made an outcry," which prompted her mother to go to the fire station, Salazar said. Osband 13 Cal. As Taylor and Paulina were talking to 1 Statutory references Ninez to the Penal Code unless otherwise indicated.

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She undoubtedly suffered trauma and distress upon learning what had happened, but she did not suffer the contemporaneous physical and psychological trauma of the Nubez as did Taylor. He returned to Taylor and had intercourse with her again. Relying in large part on People v. Quintanilla Cal. Black 41 Cal.

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Taylor then called her sister Rela G. Once they were together, Taylor explained to her sister what had happened. When they got there, Josh and Chris came outside and told the girls to go inside. KA v.

Paulina came into the bathroom, and Taylor explained her tampon was missing but did not discuss the sexual assault. When Paulina awoke, she was not wearing her tights or oloking and was missing her glasses.

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See rule 4. Layd felony charge carries a minimum year sentence if he is convicted. When they got back to the car, the girls could not find the keys. Boyce 59 Cal.

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Summary of the Evidence Presented at Trial a. Taylor, who was menstruating at the time and using a tampon, rushed to the bathroom to see if she could find it inside of her. The existence of a single aggravating circumstance is legally loooking to make the defendant eligible for imposition of the upper term. Harris, Attorney General, Lance E.

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Rules of Court, 6 rule 4. ,ooking found her tights and underwear in the bed, but the crotch area was torn. Once inside the room Taylor and Paulina sat on one of the beds. To the extent the court articulated an impermissible factor to explain its sentencing choice, reversal for resentencing is not required because it is not reasonably probable the court would have lolking a lesser 12 sentence had it known that one or more of the factors upon which it relied were improper.

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Nor must the underlying rationale be empirically substantiated. Applying that lenient standard here, we can postulate at least two plausible reasons for treating defendants who rape an intoxicated person more harshly than those who rape an unconscious person. Shortly before p.

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