The People v. Gore CA2/6

FACTS AND PROCEDURAL HISTORY

On January 26, 2012, the Santa Barbara County prosecutor filed a second amended information charging Gore with kidnapping to commit rape (count 1), and assault with the intent to commit rape (count 2). (§§ 209, subd. (b)(1), 220, subd. (a)(1).) The criminal prosecution concerned the kidnapping and sexual assault of K.C. in the early morning hours of July 9, 1999. On June 11, 2009, forensic investigation

1 All further statutory references are to the Penal Code unless otherwise stated. identified the DNA contained in semen deposited on K.C.'s clothing as the DNA of Gore. Gore was arrested and this prosecution ensued. On September 6, 2012, Gore waived his constitutional rights and pleaded nolo contendere to count 2, assault with the intent to commit rape. (§ 220, subd. (a)(1).) The trial court sentenced Gore to a six-year prison term and awarded him three days of presentence custody credit. The court also ordered victim restitution and imposed a $1,440 restitution fine; a $1,440 parole revocation restitution fine (stayed); a $40 court operations assessment; a $750 sexual offender fine; and a $30 criminal conviction assessment. (§§ 1202.4, subds.…