People v. Weiglein CA1/3

FACTS

A. Background On July 29, 1966, the San Bernardino County District Attorney filed an amended complaint against defendant, charging him with three felony offenses: rape by means of force and violence (count one) and kidnapping (count two) based on a July 27, 1966, incident concerning one victim, and rape by means of force and violence (count three) based on a June 27, 1966, incident concerning a different victim. On August 12, 1966, defendant pled guilty to count one (forcible rape) (§ 261, subd. (3) [now subd. (a)(2)])2 and the remaining counts were dismissed on the district attorney’s motion. On October 28, 1966, defendant’s application for probation was denied and he was sentenced to state prison for the “term prescribed by law” (three years to life). He was discharged from prison after completing his sentence and released on parole from which he was finally discharged in October 1971. On December 1, 1994, the Alameda County District Attorney filed a complaint against defendant, charging him with one count of misdemeanor molestation of a child under the age of 18 years (§ 647.6). On January 11, 1995, defendant pled guilty to the

file in the superior court of the…