People v. Tolliver CA3

BACKGROUND

Defendant, who was born in 1976, raped S.T. in February 1998, when she was 14 years old. He also penetrated her vagina with his finger when she was asleep. In 2006 and 2007, when D.H. was 11 and 12 years old, defendant repeatedly touched her chest, raped her, sodomized her, and orally copulated her. In 2007 or 2008, when D.P. was 14 or 15 years old, defendant touched her buttocks and vagina. In 2009, when T.H. was seven years old, defendant put his fingers in her vagina. The trial court found true that defendant was previously convicted of making a criminal threat (1998), possession of cocaine (2000), and possession of a firearm by a convicted felon (2004). The criminal threat conviction was a prior strike, making this a second strike case. Defendant was convicted by jury of 16 counts of sexual abuse. The following list reflects the victim, crime, and second strike sentence as to each count.

Count Victim Crime Sentence S.T. Rape (§ 261, subd. (a)),1 two or more victims 30 years to life (§ 667.61, subd. (e)(4)) S.T. Penetration of unconscious person with foreign 16 years object…