People v. Tarango CA4/2

STATEMENT OF FACTS

Following the preliminary hearing, defendant was charged with 11 felonies:

forcible rape (§ 261, subd. (a)(2)); carjacking with firearm use (§ 215, subd. (a));

aggravated kidnapping (§ 209, subd. (b)(1)); forcible oral copulation (§ 288a,

subd. (c)(2)); assault with a firearm (§ 245, subd. (a)(2)); corporal injury to

spouse/cohabitant/child’s parent (§ 273.5, subd. (a)); discharging a firearm with gross

negligence (§ 246.3, subd. (a)); shooting at an inhabited dwelling (§ 246); shooting from

a motor vehicle (former § 12034, subd. (d)); criminal threats (§ 422); and simple

kidnapping (§ 207, subd. (a)). Myriad enhancements relating to firearm use and great

bodily injury were attached to the charges. One of the charges (aggravated kidnapping)

and two enhancements alleged under former section 12022.53, subdivision (d), exposed

defendant to life terms—in the case of the enhancements, terms of 25 years to life.

1 All subsequent statutory references are to the Penal Code.

2 With respect to most of the charges, the victim was Jane Doe, defendant’s former

girlfriend and the mother of his child. According to the deputy who testified at the

preliminary…