P.

DISCUSSION

I. Motion to Strike Prior Convictions

A. Horton's Criminal History

In 1980, when Horton was 22 years old, he received a six-year prison sentence

after being convicted of rape, forcible oral copulation, assault and kidnapping. Horton

had been drinking in a bar where the victim worked as a dancer. He hid in the back of

the victim's van until she got off work. He put a tire iron to the victim's throat and

forced her to drive to Balboa Park. After forcing the victim to disrobe, he raped her

for about five minutes. When the victim did not respond to his kiss, Horton slapped

her face, bound, gagged and blindfolded her. He then forced her legs apart and orally

copulated her. Horton lit several matches, let them burn near the victim's vagina and

then digitally penetrated her. The attack stopped when a park worker came by to

investigate the van.

In 1985, about three years after being paroled, Horton went to a party with

another victim. As he drove the victim home, Horton began making sexual advances

2 towards her. When the victim protested, he hit her, stabbed her in the neck with a pen

and ripped off her shirt. After parking the car, Horton…