P. v. Dietz CA2/2
Guy Allen Dietz (appellant) was charged with the following crimes against D.M.: forcible rape (count 1: Pen. Code, § 261, subd. (a)(2)); forcible oral copulation (count 2: § 288, subd. (c)(2)(A)); sexual penetration by a foreign object (count 3: § 289, subd. (a)(1)(A)); rape by threat to arrest or deport (count 4: § 261, subd. (a)(7)); oral copulation under color of authority (count 5: § 288a, subd. (k)); and sexual penetration by a foreign object by threat to arrest or deport (count 6: § 289, subd. (g)). It was further alleged as to all counts that: appellant was on bail in another case (§ 12022.1); appellant had a prior forcible rape conviction in violation of section 261, subdivision (a)(2), and that conviction subjected him to sentencing under section 667.61; the prior forcible rape conviction was a serious or violent felony that qualified appellant to be sentenced pursuant to the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12); and appellant had three
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