People v. Haynes CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In August 2001, defendant was charged with two counts of lewd acts with a child under the age of 14 by the use of force or duress (§ 288, subd. (b)(1)—counts one & two), two counts of sexual assault on a child under the age of 14 by penetration by a foreign object by use of force or duress (§ 269, subd. (a)(5)—counts three & four), and two counts of aggravated sexual assault on a child under the age of 14 (§ 269, subd. (a)(1)—counts five & six). Following a 12-day jury trial, defendant was found guilty in June 2002 of two counts of lewd acts with a child under the age of 14 by use of force or duress and two counts of sexual assault on a child under the age of 14 by penetration by a foreign object by use of force or duress, as charged in counts one through four. A mistrial was declared as to counts five and six, the two counts of aggravated sexual assault on a child under the age of 14. The trial court sentenced defendant to two consecutive terms of 15 years to life with the possibility of parole for his two convictions of sexual assault on a child. The trial court sentenced defendant to two concurrent terms of six years for his two convictions…