SAN DIEGO (CNS) - A man who entered a La Jolla home and fondled a 22-year-old woman as she slept was convicted Thursday of two felonies and a misdemeanor, but the jury could not reach a verdict on a felony count of rape by a foreign object.
Brian Patrick Silva was found guilty of residential burglary, receiving stolen property and misdemeanor sexual battery, said Deputy District Attorney Robert Stein.
According to trial testimony, the victim went to Windansea Beach last Aug. 10 with friends, where she met Silva and Xavzier Pernell Paschal, and later returned alone to a house on Westbourne Street.
She testified that she saw the men near the house, but they were not invited in. She said she was mildly intoxicated when she went to sleep, and woke up to find Silva fondling her.
The men were pulled over by police several blocks away, and officers said they found stolen property in their car.
Paschal, who was not implicated in the fondling, pleaded guilty in December to first-degree burglary and receiving stolen property.
Judge Laura Parsky had the jurors deliberate more on the third felony charge in hopes that they could reach a consensus, but she later declared a mistrial on the count.
Silva faces nearly eight years in state prison when sentenced on May 13, Stein said.
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