People v. Simmons CA2/6

FACTS

A jury found Simmons guilty of false imprisonment by violence (§ 236) (count 1); rape by force or violence (§ 261, subd. (a)(2)) (count 2); forcible oral copulation (former § 288a, subd. (c)) (counts 3 and 4); sodomy by use of force (§ 286, subd. (c)) (count 5); rape by foreign object (§ 289, subd. (a)) (count 6); and possession for sale of cocaine base (Health & Saf. Code, § 11351.5) (count 7). The jury also found true that Simmons personally used a deadly weapon in connection with counts 5 and 6. (Former § 12022.3.) Two prior prison term enhancements were also found true under former section 667.5, subdivision (b). Underlying Offense2 Lilly O., who was 17 years old at the time of trial, obtained a sack of crack cocaine from Simmons. She intended to sell the cocaine. She believed it would sell for $150 and that she would get to keep $50. Instead, her roommate's stepbrother stole the cocaine. Lilly O. knew she would be in trouble with Simmons when she could neither give him the money nor return the drugs. Simmons found Lilly O. at her home. When Lilly O. told Simmons that she did not have the drugs or the money, he told her she was going to get "broke off." Lilly O.…