P. v. Scrivens CA3
Defendant Fabian Antwaine Scrivens committed various violent sex offenses and criminal threats against the mother of his children in August 2012. During trial prior uncharged acts against the victim and two others were admitted into evidence. A jury found defendant guilty of infliction of corporal injury to a spouse (Pen. Code, § 273.5, subd. (a)), sexual penetration with a foreign object (§ 289, subd. (a)(1)), attempted forcible penetration with a foreign object (§§664/289, subd. (a)), forcible rape (§ 261, subd. (a)(2)), attempted sodomy by force (§§ 664/286, subd. (c)), and making criminal threats (§ 422), but not guilty of failure of a sexual offender to file a change of address (§ 290.013, subd. (a)). The court sentenced defendant to an aggregate term of 275 years to life plus 66 years. Defendant appeals, arguing: (1) insufficient evidence supports the attempted forcible penetration conviction; (2) battery is a lesser included offense of attempted forcible penetration; (3
Comments on P. v. Scrivens CA3