People v. Gonzalez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 29, 2003, 17-year-old Jane Doe slept over at her friend Oscar’s house. The following morning, defendant, Oscar’s father, offered to drive Doe home in his van. On the way, he stopped the van and raped Doe in the back. He then dropped her off near her school. She reported the crime to police, but they were unable to locate defendant. Defendant’s DNA was found in a sample taken from her vagina following the rape. The district attorney for the County of Monterey filed a complaint on June 23, 2004, charging defendant with forcible rape (Pen. Code, § 261, subd. (a)(2)).1 Defendant was arrested nearly 10 years later, on December 4, 2013. The parties waived a jury trial; 1 All further statutory references are to the Penal Code unless otherwise noted. defendant did so on the condition that, if convicted, he would be sentenced to no more than six years in prison. In June 2014, following a one-day bench trial, the court found defendant guilty of forcible rape. The court sentenced defendant to a term of six years in prison. The court imposed various fines and fees. As recommended by the probation report, the court imposed a $200 section…