People v. Trujillo CA5

INTRODUCTION

Defendant Rene Preciado Trujillo was charged with, and found guilty by a jury of, five counts related to an attack on a woman in the early hours of March 31, 2018: kidnapping during a carjacking (Pen. Code § 209.5, subd. (a); count II);1 kidnapping with intent to commit sexual penetration (§ 209, subd. (b)(1); count III); assault with intent to commit sexual penetration by force, copulation by force, or rape by force (§ 220, subd. (a)(1); count IV); felony assault likely to produce great bodily injury (§ 245, subd. (a)(4); count V); and felony criminal threats (§ 422, subd. (a); count VI). The jury deadlocked on one count of oral copulation by force (former § 288a, subd. (c)(2)(A); count I)2, a mistrial was declared as to that charge, and count I was dismissed after trial. The trial court sentenced defendant to a determinate term as follows: the upper term of six years on count IV, a consecutive one-year term on count V (one-third the three-year middle term), and a consecutive term of eight months on count VI (one-third the two-year middle term). The trial court also imposed an indeterminate term of life with the possibility of parole on count II; followed by life…