People v. Oliveros CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Oliveros with seven counts: count 1—assault with intent commit rape (Pen. Code, § 220, subd. (b))1; count 2—assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)); counts 3, 4, and 5—forcible rape (§ 261,

1 Subsequent undesignated statutory references are to the Penal Code. subd. (a)(2)); count 6—stalking (§ 646.9, subd. (a)); and count 7—petty theft (§ 488). As part of a plea agreement, Oliveros pleaded no contest to count 5 (forcible rape) and count 6 (stalking). Consistent with the plea agreement, the trial court imposed an aggregate term of four years four months in state prison, composed of three years for count 5 and a consecutive term of 16 months for count 6. The trial court also issued a ten-year restraining order under section 136.2 and section 646.9, subdivision (k). The plea agreement included imposition of a restraining order prohibiting contact with the victim, but the parties at the plea hearing made no mention of the order covering any other members of the victim’s family. At sentencing, when the court ruled the protective order would prohibit…