People v. Wessling CA3

BACKGROUND

Yuba County Sheriff’s Department deputies responded to a motel in Linda and spoke with M.L., a 17-year-old girl, who said she was staying there with defendant, a 33-year-old man. M.L. initially claimed that defendant was her uncle, but later admitted they were in a relationship. M.L. told the deputies defendant “threw her around,” took her phone, and then locked her in the bathroom. Deputies found various sex toys in the room. Following defendant’s arrest, he admitted having sex with M.L. using the sex toys. At defendant’s arraignment, the trial court issued a no-contact order, which defendant violated shortly thereafter by talking to M.L. on the phone. Defendant also repeatedly contacted friends and family members asking them to destroy evidence, including by erasing the contents of his cell phone. Defendant had been previously convicted of making a criminal threat, a strike offense within the meaning of the three strikes law. Defendant pleaded no contest to sexual penetration of a minor, false imprisonment by violence, violation of a protective order, and destruction of evidence; he also admitted the prior strike attached to the sexual penetration count. At…