P. v. Ramirez CA3
Defendant Francisco Cruz Ramirez had sex with his friend’s wife, the victim, while she was unconscious. Charged with both rape of an intoxicated person (Count 1) and rape of an unconscious person (Count 2), a jury acquitted him of the first count and was unable to reach a unanimous verdict with respect to the second count, resulting in a mistrial as to that count. Upon retrial, the defendant was convicted by jury of Count 2 and sentenced to serve six years in state prison.
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