People v. Morales, 212 Cal.App.4th 583, 150 Cal.Rptr.3d 920 (2d Dist. Jan. 2, 2013) (reversing conviction of rape of an unconscious person, where under the precise language of the statute, a person who accomplishes sexual intercourse by impersonating someone other than a married victim's spouse is not guilty of the crime of rape of an unconscious person in violation of Penal Code 261(a)(4), but the record did not disclose whether the jury relied on the improper theory, or on the correct theory argued by the prosecutor, that the victim was unconscious because she was asleep, but the trial court did not err in refusing to give instructions that would have allowed the jury to consider his good faith, but mistaken, belief that the victim had consented to sexual intercourse with him).