What is the Defendant's contention that the victim was still alive when he sexually assaulted her at the time of the attack?

Defendant's second contention, that there is no evidence the victim was alive at the time of penetration, also fails. The evidence establishes (1) she was already gagged and bound when most or all of the wounds were inflicted, (2) she was alive when the 29 wounds to her neck were inflicted, and (3) she might have survived as long as 15 minutes after the lethal wounds to her carotid artery and jugular vein were inflicted. From these facts, a rational trier of fact could conclude that the victim was alive when defendant sodomized her. In addition, contrary to defendant's view, the timeline confirms he sodomized the victim before she died. The victim was alive and unperturbed at 9:28 a.m., and defendant left the clinic before patients began arriving at 10:30. During this period, defendant entered, overpowered, and gagged the victim, moved her 40 to 50 feet, put her on the procedure table, bound her, stripped off her socks, shoes, and other clothing, prodded and stabbed her 29 times, and also engaged in sexual activity. Defendant's contention that there is no evidence the victim was alive when penetration occurred is without merit. (People v. Bolden (2002) 29 Cal.4th 515, 553 (Bolden).)

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