People v. Winchester CA1/1

BACKGROUND

We set forth only those facts necessary to address the issues on appeal. Defendant, a former police officer in San Mateo and Sacramento, was charged by information with crimes against four victims, committed while he was on- duty.2 As to S.C., defendant was charged with two counts of rape by threat of arrest (counts 2 & 3), and one count of kidnapping to commit rape (count 1). (§§ 209, subd. (b)(1), 261(a)(7).) As to A.A., he was charged with residential burglary and attempted rape by threat to arrest (counts 4 & 5). (§§ 460, subd. (a), 664, 261, subd. (a)(7).) As to Danielle M., he was charged with two counts of sexual battery by restraint (counts 6 & 7). (§ 243, subd. (a).) As to Destiny M., he was charged with kidnapping to commit rape (count 15) (§ 209, subd. (b)(1)), forceful oral copulation (count 17) (§ 288a, subd. (c)(2)(A)), oral copulation by threat to arrest (count 18), (§ 288a, subd. (k)), rape (§ 261, subd. (a)(2)) (count 19), rape by threat to arrest (count 20) (§ 261, subd. (a)(7)), forceable oral copulation (count 21) (§ 288a, subd. (c)(2)(A)), and oral copulation by threat of arrest (count 22). (§ 288a, subd. (k).)

2 The court dismissed eight counts…