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).

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

2 The trial court declared a…