Stubblefield

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Stubblefield with five counts: count 1—forcible rape (Pen. Code, § 261, subd. (a)(2)); 1 count 2—rape of a victim incapable of giving consent (§ 261, subd. (a)(1)); count 3—forcible oral copulation (former § 288a, subd. (c)(2)(A)); 2 count 4—oral copulation with a person incapable of giving consent (former § 288a, subd. (g)); and count 5—felony false imprisonment (§§ 236, 237). As to counts 1 through 4, the prosecution further alleged Stubblefield personally used a firearm in the commission of the offenses (§§ 667.61, subds. (b) & (e), 12022, 12022.3, 12022.5, 12022.53). The trial began in March 2020, but it was paused two weeks later due to the onset of the COVID-19 pandemic. The trial resumed three months later, and in July 2020, the jury found Stubblefield guilty of forcible rape, forcible oral copulation, and false imprisonment. The jury also found Stubblefield personally used a firearm in the commission of the forcible rape (count 1) and forcible oral copulation (count 3). The jury acquitted Stubblefield on count 2 (rape of a victim incapable of giving consent) and count 4 (oral copulation…