People v. Lopez CA2/2

INTRODUCTION

Defendant and appellant Jerome Jermaine Lopez sodomized an unhoused disabled woman one early morning as she sat at a bus stop on a busy intersection. Police officers on patrol at the intersection witnessed the assault in progress and arrested Lopez. A jury convicted Lopez of sodomy and assault with intent to commit sexual penetration by force. The jury also found true the aggravating circumstance that the victim was particularly vulnerable. Premised on this aggravating circumstance, Lopez was sentenced to the upper term on the sodomy count. Lopez maintains that the trial court abused its discretion in imposing the upper term because there was insufficient evidence to support the finding, made by both the jury and trial court, that the victim was particularly vulnerable. We find that no abuse of discretion occurred and affirm.

BACKGROUND

I. Procedural Background

By information, Lopez was charged with two felony counts: (1) forcible sodomy (Pen. Code,1 § 286, subd. (c)(2)(A)); and (2) assault with intent to commit rape, sodomy2 and oral copulation (§ 220, subd. (a)(1)). As to both counts, the information specially alleged the offenses committed involved great…