P. v. Dean
This case comes before us on appeal for a second time, following our remand for resentencing. (People v. Dean (Sept. 9, 2009, B210570) [nonpub. opn.].) Nathaniel Dean was charged by information with two counts of forcible rape (Pen. Code, 261, subd. (a)(2).)[1] It was alleged as to both counts that Dean committed the rapes during the commission of a first-degree burglary with the intent to commit rape and that he committed the rapes during a burglary so as to fall within the provisions of several subdivisions of section 667.61. (People v. Dean, supra, B210570.)
The trial evidence was Charlotte P. awoke to find Dean standing over her bed. He threatened to kill her or hurt her if she were not quiet. Dean climbed on top of her, placed a pillow over her head, and engaged in two separate acts of sexual intercourse with her. At one point, Charlotte P.s young son entered her bedroom to use the bathroom, and Dean soon fled. (People v. Dean, supra, B210570.)
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