People v. Pleitez CA2/2

BACKGROUND

Defendant was charged with three counts of sexual penetration with a foreign object against Holly H. in violation of Penal Code section 289, subdivisions (a), (c), and (d),1 committed as follows: subdivision (d), against an unconscious person (count 1); subdivision (c), against an intoxicated person (count 2); and subdivision (a)(1)(A), by force or fear (count 3). The information also alleged kidnapping of Holly H. in violation of section 207, subdivision (a) (count 4). A jury convicted defendant of counts 1 through 3 and acquitted him of kidnapping. On July 14, 2022, the trial court sentenced defendant to a total term of 12 years in prison. As to count 1, the middle term of six years was imposed and stayed pursuant to section 654. The court imposed the middle term of

All further unattributed code sections are to the Penal Code unless otherwise stated.

2 six years as to count 2. As to count 3, a consecutive middle term of six years was imposed for a total of 12 years. Defendant filed a timely notice of appeal from the judgment. Prosecution evidence On April 21, 2018, Holly was 23 years old and planned to attend two of her friends’ birthday parties. She arrived…