The People v. Campos CA1/1

FACTS

This prosecution concerns sexual assaults on two females, Doe I and Doe II. Doe I was 13 when she was victimized. Doe II was 25. Defendant was a relative of each victim. Defendant was convicted of four counts of lewd acts with a child (Pen. Code,1 § 288, subd. (a); counts 1, 7, 8, & 9), four counts of forcible lewd act on a child (§ 288, subd. (b)(1); counts 2, 3, 4, & 5); two counts of forcible false imprisonment (§ 236/237, subd. (a); counts 6 & 11) and assault with intent to commit rape (§ 220, subd. (a); count 10). Regarding counts 2 through 5, the information alleged under section 667.61,

1 All further statutory references are to the Penal Code, unless otherwise indicated. subdivision (d)(2) that forcible lewd acts were done by kidnapping, which increased the risk of harm to the victim. The jury found defendant guilty of all counts. The jury found the forcible lewd acts were accomplished by kidnapping under section 667.61, subdivision (e)(1) but not that the kidnapping substantially increased the risk of harm within the meaning of section 667.61, subdivision (d)(2). On November 4, 2011, defendant was sentenced to prison for 38 years to life. Doe I is defendant‘s…