People v. Superior Court (Duval)

Real party in interest (defendant) is charged by information with several felony offenses, including oral copulation with a minor (Pen. Code, § 288a, subd. (b)(1)) and unlawful sexual intercourse. (Pen. Code, § 261.5; hereafter all statutory references to sections of an undesignated code are to the Penal Code.) The charges stem from defendant’s alleged sexual involvement with two minors, Sonia D. and Sheryl M. Respondent court granted defendant’s motion to sever counts five and six, which involve Sheryl, from the remaining counts which relate to Sonia. Respondent court also granted defendant’s motion to dismiss (§ 995) an allegation of great bodily injury (§ 12022.7) appended to one count of unlawful sexual intercourse and a charge of felony child abuse (§ 273a, subd. (1)). The People seek a writ of mandate to set aside the trial court’s orders. We shall conclude the trial court did not err in its rulings and shall therefore discharge the alternative writ and deny the petition.

At the relevant times, Sonia and Sheryl were students at, and defendant was the vice principal of, Hiram Johnson High School. At the preliminary hearing, each girl testified she had engaged in a…