People v. Caratachea CA1/2

BACKGROUND

By information filed in August 2011, the Sonoma County District Attorney charged defendant with committing an act of sexual penetration against the will of Doe by means of force, violence, duress, menace, and fear of immediate and unlawful bodily injury on Doe and another person (§ 289, subd. (a)(1)). This count was accompanied by 1 All statutory references herein are to the Penal Code unless otherwise indicated.

1 the alternative allegations that defendant had kidnapped Doe and the movement of her had substantially increased the risk of harm to her over and above that level of risk necessarily inherent in the unlawful sexual penetration (§ 667.61, subd. (d)(2)), or had simply kidnapped Jane Doe (§ 667.61, subd. (e)(1)). It was also alleged that defendant had inflicted great bodily injury on Jane Doe. Defendant was also charged with one count each of felony child abuse (§ 273, subd. (a)) and aggravated assault by force likely to produce great bodily injury (§ 245, subd. (a)(1)). The aggravated assault charge was accompanied by a great bodily injury allegation as well. It was further alleged that, as a result of the accompanying great bodily injury allegations, the…