People v. Bernabe CA4/1

INTRODUCTION

Felipe Bernabe was arrested after two different women accused him of raping, burning, and beating them and forcing them to orally copulate him. Both sexual assaults were alleged to have occurred in Rialto within six days of each other. As to Jane Doe, the San Bernardino County District Attorney charged Bernabe with assault with intent to commit felony rape, sodomy, or forced

oral copulation (Pen. Code1, § 220, subd. (a)(1); count 1); assault with a deadly weapon (§ 245, subd. (a)(1); count 2); torture (§ 206; count 3); assault with force likely to produce great bodily injury (§ 245, subd. (a)(4); count 4); forcible oral copulation (§ 287, subd. (c)(2)(A); count 5); and forcible rape (§ 261, subd. (a)(2); count 6). Attached to count 4 was an allegation he personally inflicted great bodily injury on Doe (§ 12022.7, subd. (a)) and to counts 5 and 6 an allegation of torture as to Doe. Bernabe was also similarly charged with multiple crimes stemming from the alleged attack of Jane Doe 2. For his crimes against Doe, the jury convicted Bernabe of counts 1, and 3 through 6 and deadlocked on count 2. It found true the allegations of personal infliction of great bodily injury…