People v. Watkins CA5

INTRODUCTION

A jury convicted Christopher Watkins of rape by force (Pen. Code, 1 § 261, subd. (a)(2); count 1), criminal threats (§ 422; count 2), and dissuading a witness by force or threats (§ 136.1, subd. (c)(1); count 3). The trial court sentenced Watkins to 11 years in state prison. On appeal, Watkins challenges the denial of his pretrial motion to sever, the sufficiency of the evidence to support his rape conviction, the admissibility of an audio recording in which he is identified by the victim, and the trial court’s ruling allowing the victim’s husband to both serve as her support person and testify as a witness. We conclude no error occurred, or that any error was harmless. In supplemental briefing, Watkins claims the matter should be remanded for resentencing in light of newly enacted Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill No. 567) and Assembly Bill No. 518 (2021-2022 Reg. Sess.) (Assembly Bill No. 518). We conclude remand is unwarranted, and we affirm.

BACKGROUND

Watkins’s charges were based on the allegations of two victims in unrelated incidents. One of the victims, the daughter of Watkins’s former girlfriend, was a minor at the time of the alleged…