People v. Tribbey-Braggs CA3

BACKGROUND

The People charged Tribbey-Braggs with forcible sexual penetration with a foreign object (§ 289, subd. (a)(1); count one); assault with intent to commit rape and/or unlawful sexual penetration (§ 220; count two); and possession of a firearm by a prohibited person (§ 29800, subd. (a)(1); count three). The prosecution alleged as aggravating factors that the crimes involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness and that the victim was particularly vulnerable. The victim testified at trial. On the night of the attack, she and her boyfriend were helping friends move some furniture from Goodwill. The victim stayed with one of the group’s cars, a BMW, while the others dropped the furniture off. She eventually fell asleep in the front passenger seat. At some point, a black car drove by. The driver appeared to be “trying to see if there was anyone in” the BMW. The black car immediately circled back and drove by again. The victim was able to see the driver and identified him as Tribbey-Braggs. A minute or two later, Tribbey-Braggs ran up and got in the BMW. He leaned over the…