People v. Wooten

214 Cal. App. 4th 121, 153 Cal. Rptr. 3d 684, 2013 WL 812651, 2013 Cal. App. LEXIS 167
CourtCalifornia Court of Appeal
DecidedMarch 6, 2013
DocketNo. C067180
StatusPublished
Cited by20 cases

This text of 214 Cal. App. 4th 121 (People v. Wooten) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Wooten, 214 Cal. App. 4th 121, 153 Cal. Rptr. 3d 684, 2013 WL 812651, 2013 Cal. App. LEXIS 167 (Cal. Ct. App. 2013).

Opinion

Opinion

HOCH, J.

In People v. Ahmed (2011) 53 Cal.4th 156 [133 Cal.Rptr.3d 856, 264 P.3d 822] (Ahmed), the California Supreme Court explained how to determine whether any of multiple sentence enhancements for a single crime must be stayed. Ahmed thus addressed the question of whether Penal Code section 6541 prohibits imposition of more than one enhancement for the same underlying criminal act. (Ahmed, at p. 162.) In this case, we address a question left unanswered by the Supreme Court in Ahmed—whether section 654 applies to bar imposition of the same type of sentence enhancement offenses arising out of separate criminal acts.

Defendant Theodore Rolando Wooten seeks to avail himself of section 654 by arguing that the sentence enhancements for great bodily injury (§§ 12022.7, subd. (a), 12022.8) imposed for his attempted murder (§§ 664, 187) and his forcible oral copulation (§ 288a, subd. (c)(2)) of the same victim must be stayed under section 654 and our Supreme Court’s guidance in Ahmed, supra, 53 Cal.4th 156. Defendant also requests that the abstract of judgment be amended to more accurately reflect the two consecutive sentences for the two counts of kidnapping for rape.

After we issued our prior published decision in this case, the California Supreme Court granted review and transferred the case back to us with directions to make any changes in our prior opinion that we consider appropriate in light of the points made in defendant’s petition for review. Pursuant to the direction of the Supreme Court, we have reexamined our previous opinion. We continue to conclude that neither section 654 nor Ahmed, supra, 53 Cal.4th 156 applies to stay sentence enhancements attached to offenses arising out of separate criminal acts. We reject defendant’s contention he engaged in a single attack on the victim, M.S. Accordingly, defendant does not benefit from authority holding an indivisible course of conduct against one victim cannot serve as the basis for multiple great bodily injury enhancements. (See [125]*125People v. Reeves (2001) 91 Cal.App.4th 14 [109 Cal.Rptr.2d 728] (Reeves); People v. Moringlane (1982) 127 Cal.App.3d 811 [179 Cal.Rptr. 726] (Moringlane); People v. Culton (1979) 92 Cal.App.3d 113 [154 Cal.Rptr. 672] (Culton).) We find no error in the trial court’s imposition of separate sentence enhancements for great bodily injury inflicted in the commission of forcible oral copulation and attempted murder. We also conclude the abstract of judgment should be amended to reflect more clearly the sentences imposed by the trial court. In all other respects, the judgment is affirmed.

BACKGROUND

Trial

Evidence introduced at trial showed that defendant viciously attacked victims M.S. and H.D. on separate occasions.

Attack on M.S.

In the early morning of May 1, 2010, defendant knocked on the doors of several rooms at the Town House Motel in West Sacramento. M.S. saw defendant walking past her window around 6:30 a.m. Defendant stopped, pounded on her window, and said something.

M.S. opened the door to tell defendant to leave, but defendant forced his way inside. Defendant locked the door, began choking M.S., and told her to undress. M.S. disrobed and defendant forced her into the bathroom, dragging and hitting her on the way. Once inside the bathroom, defendant bent M.S. over and tried to have sex with her. He got angry after failing to penetrate her. Defendant then hit M.S. a couple of times and ordered her to perform oral sex on him, which she did. M.S. “was getting frustrated” and fled from the bathroom.

Defendant caught M.S. and tried to wrestle her back into the bathroom, but she fled again. Defendant caught her in the bedroom and punched her repeatedly. M.S. tried to stab defendant in the back with a pen and a spoon while defendant chewed on M.S.’s ears and right nipple. At one point, M.S. bit down on defendant’s finger so hard that two of her bottom front teeth fell out. Defendant positioned himself over M.S. and kicked M.S. in the head at least eight times, causing her head to rip or tear open. M.S., who was bleeding profusely, screamed for help.

Other residents heard screaming and someone called for help. M.S.’s next-door neighbor, Bertrand Souvera, went to M.S.’s window, where he saw a Black man pinning a White woman on the floor and raising his free hand. [126]*126Souvera kicked in the front door and told the man to get off the woman. The man then ran out of the room.

M.S. called 911 and told the operator she had been attacked, was bleeding very badly, and needed an ambulance. An ambulance arrived at 6:45 a.m. The emergency medical technician saw M.S. sitting on her bed naked, and “a lot of blood everywhere.” M.S. told emergency personnel that a man beat her after unsuccessfully trying to have sex with her. She later identified defendant as her assailant in a photographic lineup.

M.S. sustained a full thickness scalp laceration extending from her eyebrows to the back of her head. The bleeding from the scalp wound threatened her life. The laceration involved every layer of skin, so that the scalp was separated from the skull and could be lifted off. The laceration also injured the muscles of her eyes and eyebrows, potentially affecting her ability to make facial expressions.

M.S. also sustained multiple lacerations to her ears and face, as well as two broken teeth. Swelling and redness on her neck was consistent with choking, a laceration on her right nipple was consistent with having been bitten, and bruises on her left breast were consistent with blunt force trauma. Her wounds were so extensive they could not be sutured under local anesthetic. M.S. still suffered scarring and nerve damage at the time of the trial.

The crime scene investigator found “a tremendous amount of blood” in the room, concentrated in the southeast comer. DNA testing on blood from a pen in the room found a mixture of M.S.’s and defendant’s DNA. M.S.’s blood was on defendant’s shoe when he was arrested.

Attack on H.D.

On May 27, 2010, 21-year-old H.D. went to a birthday party in West Sacramento. There was much drinking at the party. She had planned for her boyfriend to pick her up at a nearby Valero service station on Sacramento Avenue.

H.D. left the party at 2:30 a.m. and began walking to the Valero station. On her way to the station, she met defendant, who came from an apartment complex and began talking to her. He seemed friendly, and told H.D. he needed to go to the Valero station to get a lighter.

Defendant told H.D. he wanted to walk with her. H.D. became uncomfortable when defendant offered to show her a short cut and kept trying to guide her towards dark roads. As H.D. approached the Valero station, her boyfriend [127]*127called and told her that he was at a different Valero station. When defendant entered the station, H.D. ran off towards the other Valero station.

Defendant chased H.D. and grabbed her by the hair, eventually forcing her behind a restaurant on Sacramento Avenue. H.D. screamed and yelled; defendant got to a corner behind the building and threw her to the ground. He pinned H.D. with his forearm on her neck and removed her underwear with the other hand.

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Cite This Page — Counsel Stack

Bluebook (online)
214 Cal. App. 4th 121, 153 Cal. Rptr. 3d 684, 2013 WL 812651, 2013 Cal. App. LEXIS 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wooten-calctapp-2013.