People v. Cain

Opinion

MARTIN, Acting P. J.

Statement of the Case and Facts

At approximately 4 a.m. on February 29, 1988, Florence W. was asleep in her chair when she heard a crash. Someone had broken her sliding glass door to gain entry to her apartment. The assailant started to strangle her with his hands. He punched her in the face, pulled her off the chair, ripped off her clothes, and attempted to rape her. When he was unsuccessful, he got up and left. Florence called law enforcement officials.

Officer Miller responded to the report of an attempted rape. He contacted Florence, who was badly beaten. She was…