People v. Graves CA2/4

INTRODUCTION

A jury convicted defendant Larry A. Graves of two counts of forcible rape (§ 261, subd. (a)(2))1 and one count of failure to register as a sex offender (§ 290, subd. (b)). In regard to the two forcible rape convictions, the jury found that defendant personally used a deadly weapon (a knife) (§§ 667.61, subds. (a) & (e), 12022, subd. (b)(1)) and that he committed the crime against more than one victim (§ 667.61, subds. (a) & (e)). The trial court sentenced defendant to a term of 53 years to life. In this appeal, defendant contends that his rape convictions must be reversed because the trial court committed a prejudicial abuse of discretion when, over his objection, it permitted the prosecution to introduce evidence of a prior forcible sexual assault he had committed. (Evid. Code, §§ 1101, subd. (b) & 1108.) We are not persuaded. However, the Attorney General correctly urges that the abstract of judgment does not reflect the sentence imposed. We therefore direct preparation of an amended abstract of judgment but, in all other respects, affirm the judgment.

FACTUAL BACKGROUND

1. The Forcible Rape of P. W. P.W. is a prostitute. On April 21, 2012, she was standing on a…