People v. Rankin CA5

STATEMENT OF THE CASE

Frank Delvon Rankin was charged by amended information in count 1, with sexual intercourse of a child who is 10 years old or younger (Pen. Code, § 288.7, subd. (a))1; in count 2, with oral copulation or sexual penetration of a child who is 10 years old or younger (§ 288.7, subd. (b)); in counts 3 and 5, with lewd and lascivious acts upon a child under the age of 14 (§ 288, subd. (a)); and in count 4, with continuous sexual abuse of a child under the age of 14 (§ 288.5, subd. (a)). Two aggravating sentencing factors were alleged as to each count, including that the victim was particularly vulnerable (Cal. Rules of Court, rule 4.421(a)(3)), and that Rankin took advantage of a position of trust or confidence to commit the offenses (Cal. Rules of Court, rule 4.421(a)(11)). A jury found Rankin guilty as charged. In a bifurcated bench trial, the trial court found both aggravating sentencing factors to be true. The trial court sentenced Rankin to an indeterminate term of 40 years to life, comprised of 25 years to life for count 1 and a consecutive 15 years to life for count 2. Rankin was sentenced to a consecutive determinate midterm of 12 years for count 4, and…