People v. Thomas CA4/2

STATEMENT OF THE CASE

On June 30, 1998, a warrant for defendant’s arrest was issued for an offense that

occurred on or about December 12, 1997. “The defendant’s whereabouts were unknown

until his arrest on April 27, 1999, in the state of Texas, for allegations of felony Sexual

Assault and Attempt to Commit Capital Murder [in Texas]. He was sentenced to 25 years

in state prison. The defendant was transported in custody to Riverside County on

December 14, 2001.”

On May 12, 2003, defendant pled guilty to rape by force under section 261,

subdivision (a)(2) (count 1); failing to register as a sex offender under section 290,

subdivision (g)(2) (count 2); and penetration with a foreign object under section 289

(count 4). Defendant also admitted a one-year prison prior sentencing enhancement

under section 667.5, subdivision (b), and a strike prior sentencing enhancement under

sections 667, subdivisions (c), (e)(1) and 1170.12, subdivision (c)(2). In exchange for his

guilty plea, the parties agreed to a dismissal of count 3 (failure to register as a sex

offender under section 290, subdivision (g)(2)), and the one-year prison prior and strike

prior sentencing enhancements.…