People v. Molina CA3

BACKGROUND

A second amended information charged defendant with assault with intent to commit rape (Pen. Code, § 220; count one),1 forcible sexual penetration (§ 289, subd. (a)(1); count two), forcible oral copulation (§ 287, subd. (c)(2)(A); count three), and assault with a firearm (§ 245, subd. (a)(2); count four). In connection with counts one through three, the information alleged defendant personally used a firearm. (§ 12022.53, subd. (b).) The information also alleged five aggravating circumstances. (Cal. Rules of Court, rule 4.421(a)(1), (2), (8), (11), (b)(1).) The Prosecution Case R.D. had been married to defendant for 10 years and they had two children together. They divorced in 2010, but, after a few months, they got back together for another four or five years. When defendant, who was in the National Guard, deployed, R.D. and defendant ended their relationship. Upon his return in November 2020, defendant told R.D. he wanted to work things out and R.D. agreed. The reconciliation lasted a few months, but R.D. asked him to move out in June 2021. By this time, the relationship had grown complicated. Defendant wanted to know where R.D. was at all times and with whom she was…