People v. Ortiz-Calderon CA1/2

INTRODUCTION

In the early morning hours of June 23, 2011, Jose Ramon Ortiz-Calderon (defendant) accused his then girlfriend of sleeping with other men. He became so enraged that he insisted on keeping her car keys and cell phone so that she could not make contact with other men. She left defendant’s house and walked back to her house, a few doors away. Several hours later, when she went back to pick up her keys and cell phone, defendant became enraged again, screamed at her, and called her names. He followed her into the bathroom where he slapped her, pulled off her shorts and ripped off her underwear, forced her to the floor and up against the wall, and forcibly sexually penetrated her vagina with his fingers. She was eventually able to leave the bathroom, and, soaking wet and crying hysterically, went back to her house where her mother called 911. A sheriff’s deputy arrested defendant later that morning after he was found hiding in his bedroom closet.

1 Defendant was charged with two counts of forcible sexual penetration in violation of Penal Code section 289, subdivision (a)(1)1 (counts 1 and 2); assault by means of force likely to produce great bodily injury (§ 245, subd.…