People v. Plascencia CA4/3

FACTS

Although Plascencia was not arrested for the crimes of which he was convicted until 2016, the crimes took place on an evening in 1999 when he was 18 years old. A complaint charged him and a coperpetrator, Ismael Salgado, with one count of kidnapping to commit rape (§ 209, subd. (b)(1)), as well as five counts of forcible rape (§ 261, subd. (a)(2)). It also alleged, pursuant to section 667.61, subdivisions (a) and (d)(2), that Plascencia and Salgado kidnapped the victim in the commission of the forcible rape offenses and that movement of the victim during the commission of those offenses

3 “substantially increased the risk of harm to the victim over and above the level of risk necessarily inherent in the [forcible rape] offense.”2 On the evening in question, R.C. was walking with her friend, C.C., near a City of Santa Ana park which had a community center and a sports complex. R.C. was 11 years old and C.C. was 13 years old. As they were leaving the area, a four-door sedan with two male occupants approached them. The males, later identified as Plascencia and Salgado, tried to persuade R.C. and C.C. to get into the car. Although the girls initially refused, they eventually…