People v. Rizo CA3

BACKGROUND

Defendant, who was born on October 11, 1995, was charged with carjacking (Pen. Code, § 215, subd. (a)1 -- count 1), kidnapping to commit rape (§ 209, subd. (b)(1) -- count 2), rape by force or fear (§ 261, subd. (a)(2) -- counts 9 and 11), forcible oral copulation (former § 288a, subd. (c)(2)(A) -- counts 10 and 14), forcible rape in concert (§ 264.1, subd. (a) -- count 13), criminal threats (§ 422, subd. (a) -- count 17), and robbery (§ 211 -- count 18). It was further alleged that the crimes occurred during an aggravated kidnapping (§ 667.61, subd. (d)(2)). At trial, the victim testified she was carjacked and kidnapped in Stockton at gunpoint on the night of June 2, 2017. It began with Deonte Turner pointing a gun at her and telling her to hand over her keys. Turner put her in the back seat and four other men eventually got in the car, including defendant. Over the course of several hours, four of the five men, while they drove from Stockton to Modesto and back, took turns raping the victim, putting their fingers in her vagina and anus, and forcing her to orally copulate them. The victim identified defendant at trial as one of the men who forced her to orally…