P. v. Hill
An information, dated December 7, 2009 and amended by interlineation on February 25, 2010, charged Scott Matthew Hill with three counts: (1) sexual penetration while the victim was unconscious of the nature of the act, which was known to him (Pen. Code, § 289, subd. (d))[1]; (2) dissuading a victim from prosecuting a crime (§ 136.1, subd. (b)(2)); and (3) stalking (§ 646.9, subd. (a)). According to the preliminary hearing transcript, all three counts related to Hill’s conduct in digitally penetrating the vagina of his former girlfriend and mother of his five children, Y.B., without her consent while she was sleeping, leaving her a message after his arrest to “drop the charges, bitch,†and calling her repeatedly and attempting to find her. Hill pleaded no contest to stalking as charged in count 3. The trial court dismissed the remaining two counts, suspended imposition of sentence and placed Hill on formal probation for five years. As conditions of probation, the court directed Hill to obey all laws and not to come within 200 yards, or to have direct or indirect contact, with Y.B. or their children, subject to any order of the family law court that might allow him to visit the children.
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