People v. Bates CA2/2

BACKGROUND

Procedural history Defendant was charged with committing the following three crimes against Renee M. (Renee): count 1, kidnapping to commit rape in violation of Penal Code section 209, subdivision (b)(1);1 count 2, forcible oral copulation in violation of section 288a, subdivision (c)(2); and count 3, forcible rape in violation of section 261, subdivision (a)(2). The information also charged defendant with committing the following three crimes against Vanessa C. (Vanessa): count 4, kidnapping to commit rape in violation of section 209, subdivision (b)(1); and counts 5 and 6, forcible rape in violation of section 261, subdivision (a)(2). As to counts 2 through 6, it was alleged that defendant committed the offense against more than one victim, within the meaning of section 667.61, subdivisions (a) and (e). As to counts 5 and 6, it was further alleged that defendant had personally used a firearm in the commission of the offenses within the meaning of section 12022, subdivision (b)(1), and for purposes of section 667.61, subdivision (a).

All further statutory references in this section are to the Penal Code, unless otherwise indicated.

2 The trial court declared a…