People v. Clay CA2/1

BACKGROUND

An amended information filed August 5, 2012 charged Clay with one count of assault by means likely to cause great bodily injury to victim D. W. (Pen. Code,1 § 245, subd. (a)(1); count 1); one count of forcible oral copulation against victim L. R. (§ 288a, subd. (c)(2); count 2); four counts of forcible oral copulation against victim Linda M. (§ 288a, subd. (c)(2); counts 3, 4, 5, & 6); and one count of attempted forcible oral copulation against victim Laura R.2 (§§ 664, 288a, subd. (c)(2); count 7). The information also alleged that Clay committed an offense specified in section 667.61, subdivision (c) against more than one victim, within the meaning of section 667.61, subdivisions (a) and (e). Clay pleaded not guilty. A jury found Clay guilty on all seven counts. The trial court denied his motion for new trial, and sentenced Clay to a total state prison term of 42 years to life, with presentence custody credit. Clay filed a timely notice of appeal. Linda At trial in August 2013, sixty-three-year-old Linda3 testified that on an August evening in 2008 (she remembered it was a warm evening, but “I don’t remember when I was born. . . . I don’t remember no dates at all”),…