People v. Mirissage CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. Defendant’s background Defendant was born in Sri Lanka in 1969. He was married in 1987, and he and his wife had a son together. The family moved to Singapore for a few years before defendant and his wife divorced. In June 1998, defendant, then age 29, immigrated to the United States on a six-month visa, leaving his ex-wife and son behind. Defendant overstayed the visa. B. Defendant’s criminal conduct1 In 2007, Osanga M., defendant’s then 20-year-old niece, went to the police. She reported that, since moving in with defendant five years earlier in 2002, defendant had regularly laced her food or drink with drugs and, on a daily basis, raped her vaginally while she was drugged. She also reported that, when she confronted him, he demanded oral sex in exchange for giving her tuition money, and anally raped her on several

The facts are summarized from the probation report because the transcript from the preliminary hearing was not included in the record.

2 occasions. C. Prosecution, plea and sentencing 1. Charges In February 2008, the People charged defendant with six counts of forcible oral copulation (Former Pen.…