People v. Coilton CA3

BACKGROUND

The information charged defendant with five counts of robbery, one count of attempted robbery, one count of burglary, one count of rape, and one count of attempted murder. (§§ 211, 664/211, 459, 261, subd. (a)(2), 664/187.) It also alleged defendant used a firearm in each count. (§ 12022.5, subd. (a).) The information further charged defendant had two prior convictions for serious felonies, and three prior prison terms. (§§ 1170.12, 667, subd. (d), 667, subd. (a), and 667.5, subd. (b).) We incorporate by reference the relevant facts from our prior unpublished opinion. (People v. Coilton (June 1, 2000, C028952) [nonpub. opn].)

2 The victims were staying in a room at a local motel. Late in the evening, two of the victims stepped outside of the room and three men approached them with one of the men pulling out a gun. The men pushed the victims back into their room. The men ordered the victims to lie on the floor and to give them their valuables. When two of the victims did not move quickly enough, they were struck with a gun. One of the men placed his gun in one of the victim’s vaginas, and defendant ordered that victim into the bathroom where he raped her. (People v.…