P. v. Hayes
Appellant Kevin Hayes was convicted by a jury of two counts of forcible rape (Pen. Code, 261, subd. (a)(2); counts 1 & 6),[1]one count of forcible oral copulation ( 288a, subd. (c)(2); count 2), two counts of sexual penetration by a foreign object ( 289, subd. (a)(1); counts 3 & 4), and one count of kidnapping to commit rape ( 209, subd. (b)(1); count 5). The jury also found true a kidnapping enhancement allegation as to five of the counts ( 667.61, subds. (a), (b), & (d)), and the court thereafter found at a bifurcated trial that the prior conviction allegations were true ( 667, subd. (a)(1), 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The court sentenced appellant to a total prison term of 55 years to life. Appellants sole contention is that the court at sentencing denied him his constitutional rights to counsel of his choice and to due process and abused its discretion when it refused to allow a fourth continuance so appellant could finalize arrangements to retain new counsel to file a motion for a new trial. The contention is without merit.
Comments on P. v. Hayes