People v. Ybarra CA2/1

BACKGROUND

The information filed on December 17, 2009, charged Ybarra with one count of kidnapping for sexual purposes in violation of subdivision (d) of Penal Code former section 2081 (count 1), one count of forcible rape in violation of subdivision (a)(2) of former section 261 (count 2), and one count of forcible oral copulation in violation of subdivision (c) of former section 288a (count 3). As to counts 2 and 3, the information also alleged under subdivisions (b), (c), and (e) of former section 667.61 that Ybarra had kidnapped the victim in violation of former section 207. It further alleged under subdivision (e)(4) of former section 1203 that Ybarra had been convicted of felonies twice in California.2 A jury convicted Ybarra on all counts, and the court sentenced him to 27 years in state prison. We conditionally reversed and remanded for a hearing on the timeliness of the charges, but we affirmed the judgment in all other respects. (People v. Ybarra (Dec. 31, 2012, B232640) [nonpub. opn.].) We explained that, under the governing statute, the 2009 charges concerning crimes committed in 1995 were timely only if the biological evidence collected from the victim was “analyzed…