Filed 12/20/05

CERTIFIED FOR PARTIAL PUBLICATION*

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

FIRST APPELLATE DISTRICT

 

DIVISION ONE

 

 

THE PEOPLE, Plaintiff and Respondent, v. EDWARD LEE TURNER, Defendant and Appellant.

A105680   (Contra Costa County Super. Ct. No. 050112631)

 

Edward Lee Turner was convicted of multiple counts, committed against four different victims, of forcible oral copulation (Pen. Code,[1] § 288a, subd. (c)(2)), forcible rape (§ 261, subd. (a)(2)), aggravated assault (§ 245, subd. (a)(1)), false imprisonment by violence (§§ 236, 237), making criminal threats (§ 422), kidnapping (§ 207), residential robbery (§§ 211, 212.5), and torture (§ 206). The court also found true allegations of seven prior convictions under the Three Strikes Law (§ 1170.12), several prior serious felony convictions (§ 667, subd. (a)(1)), a prior conviction under the One Strike Law (§ 667.61) and two prior prison terms (§ 667.5, subd. (b)). The court sentenced defendant to a total prison term of 283 years to life.

We shall reverse defendant's conviction for robbery (count 12), on the ground that the prosecution was barred by the applicable statue of limitations, and remand for resentencing. In all other respects, the judgment shall be affirmed.

Facts[2]

Jane Doe 1--May 20, 2001 [Counts 1-6]

Jane Doe 1 was a homeless drug addict and prostitute who frequented a park in Richmond, where she met defendant. On May 20, 2001, she went with defendant to his trailer, a few blocks from the park, to see a book he had agreed to show her. Once inside the trailer, defendant offered her crack cocaine and $3 in exchange for sex. She refused, and started to leave. Defendant stood in her way, holding a knife. He forced her to orally copulate him. He then demanded that she have intercourse with him. She stated she wanted him to use a condom. He initially acceded to her request, but interrupted intercourse to remove the condom, and resumed the assault, as she cried. He held a knife to her throat, told her to shut up, and that she had â€