People v. Shepard CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant was charged with misdemeanor domestic violence contempt of court by violating a protective order (count 1; Pen. Code, § 166, subd. (c)(1)(B); statutory section citations that follow are to the Penal Code); torture (count 2; § 206), with the

1 enhancement it resulted in great bodily injury (§ 12022.7); forcible rape (count 3; § 261, subd. (a)(2)), with a multiple victim allegation (§ 667.71, subds. (a), (b), & (e)), which was severed for trial; corporal injury to a cohabitant (count 4; § 273.5, subd. (a)), with the enhancement it resulted in great bodily injury (§ 12022.7) and with the allegation he had a prior misdemeanor conviction for the same offense (§ 273.5, subd. (f)(1)); 12 counts of misdemeanor domestic violence contempt of court by violating a protective order (counts 5 & 7-17; § 166, subd. (c)(1)(A)); and dissuading a witness from prosecuting a crime (count 6; § 136.1, subd. (b)(2)). There was also the allegation defendant had a prior serious or violent felony conviction (§§ 667, subds. (a)(1), (b)-(i), 1170.12, subds. (a)- (d)) as to counts 2, 3, 4, and 6. At defendant’s trial in October 2020, Melissa R. testified that on…