People v. Sutton CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Sutton with 16 counts: count 1—criminal threats (§ 422); count 2—false imprisonment by violence (§ 236); counts 3 and 6—assault with intent to commit a felony (§ 220, subd. (a)(1)); counts 4 and 7—forcible oral copulation (§ 288a, subd. (c)(2)); counts 5 and 8—spousal rape (§ 262, subd. (a)(1)); count 9— sexual penetration by a foreign object (§ 289, subd. (a)(1)(A)); count 10—interference with a wireless communication device (§ 591.5); and counts 11 through 16—contempt of court (§ 166, subd. (c)(1)). The jury found Sutton guilty on all counts as charged. The trial court granted Sutton’s motion to reduce count 1 to a misdemeanor and imposed an aggregate term of 20 years four months in state prison. That term consisted of full consecutive terms of 16 months on count 2; two years each on counts 3 and 6; and three years each on counts 4, 5, 7, 8, and 9. For the misdemeanors, the court imposed concurrent terms of six months on count 10, and one year each on count 1 and counts 11 through 16. B. Facts of the Offenses D.G., the victim, testified that she met Sutton in 2009 and married him in…