People v. Mota CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND2

On July 31, 1978, the victim sat in a parked car waiting for friends. After her

friends got into the car and her boyfriend turned on the ignition, defendant and his

companion, armed with a revolver and a knife respectively, approached the car. After

robbing the occupants of their valuables, they opened the car door and pulled the victim

out. While defendant held his revolver to the victim’s back, he and his companion led

her to a waiting van. (People v. Mota (1981) 115 Cal.App.3d 227, 230 (Mota II).)

Once in the van, defendant and his companion forced the victim to lie on a

mattress. Defendant, his companion, and another man then subjected her to multiple acts

of forced sexual intercourse. While defendant was engaged in intercourse, the other two

men fondled her breasts and genitals. (Mota II, supra, 115 Cal.App.3d at p. 230.)

They then drove the van to a secluded area. At approximately 1:00 a.m. on

August 1, a security officer observed the parked van and approached to investigate. The

1 All further statutory references are to the Penal Code unless otherwise stated.

2 On the court’s own motion, we take judicial notice of our…