Rhoades

This case represents another example of what regrettably has become an all too familiar scenario, men engaging in reigns of terror against women who attempt to break off sexual relationships with them. It never ceases to amaze and sadden us that there are men out there who believe that violence can “win back her heart” or who simply relish in violently maintaining control over women who have spumed them. So it was here.

After his release from prison, defendant Leslie Gene Rhoades, who had five convictions for serious felonies, wanted to continue his relationship with the woman he had lived with in the past. However, she was unwilling because he had become increasingly domineering, possessive, and violent. To force her to stay with him, defendant engaged in a series of crimes, including threats and violence, against her and her friends. The “prize” that he received for his reign of terror was not her renewed affection but, rather, a term of 227 years to life in state prison.

On appeal, defendant raises various claims of error. In the published part of this opinion, we reject his constitutional attack on Penal Code section 1138.5, which provides that the trial judge need…