People v. Dasenbrock CA4/3

FACTS AND PROCEDURAL HISTORY

In 1988, the prosecution filed an information charging Dasenbrock with 45 felonies and misdemeanors allegedly committed between November 1985 and April 1987. Dasenbrock pled guilty to (i) two counts of burglary (former § 459); (ii) two counts of misdemeanor prowling (former § 647, subd. (g)); and (iii) one count of felony attempted burglary (former §§ 459 & 664). He went to trial on the remaining charges, and a jury subsequently found him guilty of 34 felony counts: • 14 counts of first degree burglary (former § 459); • 12 counts of rape by force, violence, or fear of unlawful bodily injury (former § 261, subd. (2)); • One count of rape of an unconscious victim (former § 261, subd. (4)); • Two counts of forced oral copulation (former § 288a, subd. (c)); • Two counts of assault with intent to commit rape (former § 220); • One count of anal or genital penetration by a foreign object for sexual purpose (former § 289, subd. (a)); • One count of sodomy (former § 286, subd. (c)); and • One count of robbery (§ 211).2 The jury also found it true that Dasenbrock had used a deadly weapon—a knife—in committing some of the rapes. (Former § 12022.3, subd. (a).)

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