Eid

The People appeal the Penal Code section 995 dismissal of an information filed against defendants and respondents Jason Sebastian von Marschner, John Mark Eltchi and Steven Eid (collectively, defendants) alleging various sexual offenses and attempted offenses perpetrated upon an unconscious victim.

Specifically, the information alleged Eltchi had committed two counts of oral copulation of an unconscious victim, attempted rape of an unconscious victim, and three counts of genital penetration of an unconscious victim with a foreign object. (§§ 288a, subd. (f); 664/261, subd. (a)(4); 289, subd. (d).) In two of the penetration by foreign object counts, it was further alleged Eltchi personally had inflicted great bodily injury within the meaning of section 12022.8.

The information alleged the same offenses as to von Marschner, and additionally alleged von Marschner had committed one count of rape of an unconscious victim in which he personally had inflicted great bodily injury within the meaning of section 12022.7, and that he personally had inflicted great bodily injury in the commission of all three counts of penetration by a foreign object within the meaning of section…