Harrison

The People v. Harrison

Good Law
Court of Appeal of CaliforniaApril 18, 2013A132915California11,443 words

Opinion

Opinion

Humes, J.

I.

FACTUAL AND PROCEDURAL

BACKGROUND

A. Jane Doe No. 11 About 10 p.m. on April 4, 2006, 14-year-old Jane Doe No. 1 was waiting for a bus at 104th Avenue and International Boulevard in Oakland as she was returning home from her boyfriend‟s house. Harrison attacked her by pulling her by her hair into his van and forcing her to copulate him orally as he drove away. He then drove to a secluded area and forced her to copulate him orally again, this time outside the vehicle. Harrison then raped Jane Doe No. 1, penetrating her about three times, and he tried to sodomize her. Harrison‟s DNA was found on a vaginal swab taken from the victim. As a result of the attacks on Jane Doe No. 1, the jury convicted Harrison of one count of forcible rape (§ 261, subd. (a)(2)—count 1), two counts of forcible oral copulation (§ 288a, subd. (c)(2)—counts 2, 3), and one count of attempted forcible sodomy (§§ 286, subd. (c)(2), 664—count 4). As to each count, the jury also found true allegations under section 667.61 (commonly known as the one-strike law) that Harrison kidnapped Jane Doe No. 1, which substantially increased her risk of harm (§ 661.61, subd. (d)(2)); kidnapped her in violation of various…

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