Huricks

Introduction

Kevin P. Huricks (Huricks) appeals from the judgment entered following his plea of nolo contendere to six counts of forcible rape, violations of Penal Code section 261, subdivision (a)(2), together with an enhancement allegation that the victim was vulnerable within the meaning of section 667.9, subdivision (a); one count of attempted forcible oral copulation, a violation of sections 664 and 288a, subdivision (c); one count of sexual battery, a violation of section 243.4, subdivision (d); one count of using a minor for sex acts, a violation of section 311.4, subdivision (c); and one count of assault with the intent to commit a felony, a violation of section 220.

Huricks was arraigned on the above charges on July 9, 1993, at which time he pied not guilty and denied the special allegations. On September 9, 1993, he withdrew his not guilty plea and entered a plea of nolo contendere to all charges, while admitting the special allegations. His motion to withdraw his plea was heard and denied on October 7, 1993, when he was sentenced to state prison for the middle term of six years for each of four forcible rapes, to run consecutively to each other, plus one year…