hours of 22 December 2012.
First, A1C AL testified she was drunk. Throughout the course of the night, she had
drunk a shot of vodka, three Vegas bombs, five Patron shots, and four Red Bull vodkas.
She caught herself stumbling a couple of times, and even vomited in a trashcan after her
last shot of alcohol at the bar. She described her condition that night as one of her
“drunker nights” and could not recall certain events that night, having only “snapshots”
of memories at the bar and Appellant’s house. Second, witnesses described A1C AL as
obviously drunk at Appellant’s house. They testified they could tell she was drunk from
her body movements, the way she acted, and the appearance of her eyes. They also
recounted how A1C AL went to a couch in the living roomhis opportunity to take her
from the living room couch to his bedroom. Appellant’s text message explained the
condition in which A1C AL slept on the couch as the reason for telling her to go sleep in
his bedroom. Several witnesses confirmed A1C AL passed out on the couch in the living
room in plain view and remained there while the rest of the group continued to drink and
socialize. She only awakened momentarily when her friends threw ping pong balls at
her, then fell into a drunken sleep again, remaining on the couch when witnesses went to
bed or left the house. Testimony regarding A1C AL’s intoxication and her drunken sleep
in an open area corroborated Appellant’s admitted access, opportunity, and his ability to
observe her hanging off the couch.

      