People v. Franklin CA1/1

I. FACTS AND PROCEDURAL HISTORY

On August 30, 2021, the Alameda County District Attorney filed the operative second amended information in this case, charging Franklin with 10 felonies: continuous sexual abuse of a child under the age of 14 with respect to Jane Doe One (Pen. Code,1 § 288.5, subd. (a), count one); lewd and lascivious acts on Jane Doe Two, a child under 14 years of age (§ 288, subd. (a), counts two and three); rape of an unconscious person, Jane Doe Three (§ 261, subd. (a)(4), count four); forcible oral copulation of Jane Doe Three (former § 288a, subd. (c)(2)(A); see now § 287, subd. (c)(2)(A), count five); forcible rape of Jane Doe Three (§ 261, subd. (a)(2), count six); sexual battery by restraint on Jane Doe Three (§ 243.4, subd. (a), count seven); two counts of possession of a firearm by a felon on August 24, 2018 (§ 29800, subd. (a)(1), counts eight and nine); and possession of a firearm by a prohibited person (§ 30305, subd. (a)(1), count ten). As to counts one through six, enhancements were alleged pursuant to section 667.61 (the One Strike law) that Franklin was convicted in the present case of qualifying offenses against more than one victim. The…