People v. Jennings CA4/1

INTRODUCTION

A jury convicted Maurice Charles Jennings of three counts of forcible oral

copulation (Pen. Code,1 § 288a, subd. (c)(2); counts 1, 7, & 8), one count of forcible

sexual penetration (§ 289, subd. (a)(l)(A); count 2), one count of assault with the intent to

commit rape (§ 220, subd. (a)(1); count 3), two counts of kidnapping for robbery (§ 209,

subd. (b)(1); counts 4 & 5), and one count of kidnapping (§ 207, subd. (a); count 6), as a

lesser included offense of kidnapping for robbery. As to all counts, the jury found

Jennings personally used a firearm when committing the offenses (§§ 1192.7, subd.

(c)(8), 12022.53, subd. (b)) (firearm use enhancement). As to counts 4 through 8, the

jury found applicable the One Strike law (§ 667.61) burglary circumstance (§ 667.61,

subd. (e)(2)), and as to counts 1, 2, 3, 7 and 8, the jury found applicable the One Strike

law firearm use circumstance (§ 667.61, subd. (e)(4)).2 The court additionally found

Jennings had a prior serious felony conviction (§ 667, subd. (a)) and a prior strike

conviction (§ 667, subds. (b)-(i)). The court imposed both determinate and indeterminate

prison sentences, which we discuss in more detail…