People v. Boyle CA4/1

I.

INTRODUCTION

A jury found Stephen Boyle guilty of three counts of forcible oral copulation (Pen.

Code, § 288a, subd. (c)(2)(A))1 (counts 1, 2, and 5), assault with intent to commit a

specific felony (§ 220, subd. (a)(l)) (count 3), and rape by foreign object with force

(§ 289, subd. (a)(l)(A)) (count 4) against victim Rachel O. (Rachel). The jury also found

Boyle guilty of forcible rape (§ 261, subd. (a)(2)) (count 3) against victim Ashley H.

(Ashley).

In addition, the jury found true a number of allegations brought pursuant to the

One Strike law (§ 667.61). As to Rachel, the jury found that Boyle: committed a

kidnapping and that the movement of the victim substantially increased her risk of harm

(§ 667.61, subd. (d)(2)) (counts 1, 2, 4, and 5); was convicted in the present case of

raping another victim (§ 667.61, subds. (b), (c), (e)) (counts 1, 2, 4 and 5); and personally

used a dangerous and deadly weapon (§ 667.61, subds. (b), (c), (e)) (count 2). As to

Ashley, the jury found that Boyle committed the rape during the commission of a

burglary with the intent to commit forcible rape (§ 667.61, subds. (a), (c), (d)), and that

Unless otherwise specified,…