Keeney

A jury convicted the defendant of a number of sexual offenses (which we need not detail) and kidnapping for the purpose of committing rape (Pen. Code, §§ 207, subd. (a); 208, subd. (d); undesignated section references are to this code). The jury also sustained numerous firearm enhancements. Sentenced to state prison, the defendant disputes not the acts of which he was convicted so much as their legal significance. In the published portion of the opinion we hold that section 289, subdivision (a) (penetration by foreign object), contemplates the punishment of a defendant who forces a victim to penetrate the victim’s own anus or genitals. Finding no error, we shall affirm the judgment in its entirety.

Rather than set out a separate statement of facts, we will incorporate the relevant portions of the victim’s testimony in the Discussion (this being the only testimony relating to the nature of the crimes). To provide an overview, the victim had made the defendant’s acquaintance for the first time during a late night of socializing in Alturas with her boyfriend and others.The crimes took place after the defendant intercepted her on the highway as she drove…