Shoemake

On August 23, 1991, an information was filed in Kern County Superior Court charging appellant Samuel Lee Shoemake with two counts of forcible sodomy in violation of Penal Code section 286, subdivision (c), one count of forcible oral copulation in violation of Penal Code section 288a, subdivision (c), and one count of rape by means of force in violation of Penal Code section 261, subdivision (a)(2). Both the rape and sodomy were alleged to be serious felonies within the meaning of section 1192.7, subdivision (c)(3)-(4). It was also alleged, as to each count, that appellant had committed each offense with knowledge that he had acquired immune deficiency syndrome (AIDS) or knowledge that he carried antibodies of the human immunodeficiency virus (HIV) in violation of section 12022.85. It was further alleged that appellant had previously been convicted of two counts of forcible rape and that he had not remained free from prison custody for a period of ten years thereby giving rise to four enhancements under section 667.6, subdivision (b). The information also alleged that appellant kidnapped the victim for the purpose of committing the above referenced sexual offenses thereby…