P. v. Curtis 3/22/07 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H030035

Case Date: 06/13/2007

Preview:Filed 3/22/07 P. v. Curtis CA6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. LON WARREN CURTIS, Defendant and Appellant.

H030035 (Santa Clara County Super. Ct. No. CC579198)

Following a jury trial, appellant was sentenced to 450 years to life. He contends, "Appellant was denied his federal constitutional right to a jury trial because he was sentenced to tripled consecutive terms based on facts beyond those found true by a jury." We affirm. Background In July 1996, the victim, who was 17 years old and working as a prostitute with an escort service, met with appellant at Vickers Concrete Sawing where he worked. After discussing their financial arrangements, they went into an office. There appellant pulled out a knife, put it to her throat, and threatened to kill her if she made noise. He took her to a warehouse area and bound her hands behind her back with duct tape. He taped her hair into a ponytail. He obtained a flashlight from his truck, took her back to the office, and inserted the flashlight into her vagina. After about five minutes, he inserted the

flashlight into her rectum. He removed it so she could use the bathroom. When she returned, he put the flashlight into her vagina again. Then he removed the flashlight and put his hand into her vagina. He made her walk into the parking lot and put his hand in her rectum. At some point, he put his hand into her vagina again. The victim, now bleeding, used the bathroom again and appellant told her to clean up the bathroom and that he would kill her if any blood was left behind. He put her into the trunk of her car and told her that he hoped that she would fall asleep so that he could kill her. At trial, a victim of rape and sodomy committed by appellant in 1979 also testified. Appellant testified that he believed that everything that he did with the victim was done with her consent. Appellant was convicted of six counts of penetration with a foreign object. (Pen. Code,

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