Martinez

Defendant Pedro Maestas Martinez was charged in an information in count I with kidnapping for robbery (Pen. Code, § 209, subd. (b)) ; in count II with robbery (§ 211); in counts III through VI with rape (§261, subd. (2)); in counts VII through X with sodomy (§ 286, subd. (c)); in count XI with oral copulation (§ 288a, subd. (c)); and in count XII with dissuading a witness from testifying (§ 136.1, subd. (c)). As to the rape, sodomy, and oral copulation counts, the information alleged that the victim was kidnapped for the purpose of committing the sex offenses (§ 667.8). As to the rape counts, the information alleged that Martinez inflicted great bodily injury upon the victim during the commission of the offenses (§ 12022.8). Finally, the information alleged that Martinez had suffered a prior robbery conviction (§ 667, subd. (a)).

The jury found Martinez guilty of simple kidnapping as a lesser included offense in count I, robbery in count II, rape in counts III and IV, sodomy in counts VII and VIII, oral copulation in count XI, and dissuading a witness in count XII. The jury found true the special allegations that Martinez inflicted great bodily injury in committing the…