A man pleaded not guilty on Wednesday to rape of an unconscious or drugged victim and unlawful sex with a minor three years younger than the defendant.

Charges were filed against Mario Garibay on Feb. 19 for an alleged incident that occurred at a house party on Jan. 18, according to Sutter County Deputy District Attorney Diego Heimlich.

He said Garibay’s attorney was in contact with the district attorney’s office early on and, in order to avoid delay with a warrant being issued, it was agreed that Garibay would appear in court at a date set. Garibay’s arraignment was continued three times. He was arraigned on Wednesday and will next appear in court on May 19 at 1:30 p.m.

Garibay’s preliminary hearing is scheduled for May 21 at 9 a.m. He is out of custody on a promise to appear when ordered by the court.

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