People v. Poe CA1/2

BACKGROUND

Underlying Criminal Convictions and Sentence On the evening of February 8, 1989, 14-year-old Jane Doe walked to a park with an acquaintance she knew as “Wormy” along with two men she did not know, defendant and his codefendant at trial, Dominic Faber.1 After hanging out with the men for about 45 minutes, Doe tried to leave, and Wormy and defendant told her to stay and grabbed her arm. Wormy took Doe behind a park bathroom. Defendant was angry and “told [Doe] that before we leave there that [she] was going to fuck every one of them.” Defendant pushed Doe to the ground. Doe started yelling, and defendant hit her on the chin and jaw on both sides of her face while straddling her. Defendant and Faber repeatedly sexually assaulted Doe over the course of hours. Doe estimated she was pinned to the ground behind the bathroom for close to three hours. A jury convicted defendant of 12 offenses: sexual penetration with a minor (Pen. Code,2 § 289, subd. (h); count 1), oral copulation with a minor (former § 288a, subd. (b)(1); count 2), three counts of forcible rape (former § 261, subd. (2); counts 3, 7, and 11), two counts of forcible oral copulation (former § 288a, subd. (c);…