Saffle

Dewey Gene Saffle was convicted by trial of count one, sodomy, a violation of Penal Code section 286, subdivision (c); count two, foreign object penetration, a violation of section 289, subdivision (a); count three, false imprisonment, a violation of section 236; count four, assault with a deadly weapon, a violation of section 245, subdivision (a) and a weapon use enhancement within the meaning of section 12022, subdivision (b) as to the first three counts.

Saffle was sentenced to the upper term of eight years on count one, the upper term of eight years on count two and to the upper term of three years on count three designated as the principal term. The sentences imposed on these counts were ordered to run fully consecutive. He was sentenced to an additional one year for each of the weapons use enhancements charged in counts one through three for an aggregate term of twenty-two years. Saffle received the upper term on count four, which sentence was stayed pursuant to section 654.

Facts

In August 1988, Kristi A. resided with Saffle’s brother, Tommy, her two young daughters and with Saffle, who had moved in and was staying with them temporarily.

In the early morning…