P. v. Oliver CA1/5 filed 3/5/13 A

State: California

Court: California Eastern District Court

Docket No: A129031

Case Date: 03/05/2013

Plaintiff: P.

Defendant: Oliver CA1/5 filed 3/5/13 Case Details

Preview:Filed 3/5/13 P. v. Oliver CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, v. MARCUS EDWARD OLIVER, Defendant and Appellant. (Contra Costa County Super. Ct. No. 05-090477-1) A129031

A jury found defendant Marcus Edward Oliver (appellant) guilty on multiple counts alleging sexual misconduct against multiple minors, and the trial court sentenced him to 78 years to life in prison. Appellant raises claims of instructional and sentencing error, and we modify the judgment to strike certain determinate terms improperly imposed by the trial court. Otherwise, we affirm. BACKGROUND1 Appellant was charged by information with 16 counts alleging sexual misconduct against 6 different minors. At trial, the four female victims testified, among other things, that appellant touched their genitals and/or bottoms with his hand, penis, and/or mouth.2

Appellants claims on appeal do not require a thorough description of the complex set of charges against appellant or the extensive evidence adduced at trial.
1 2

Appellant was found not guilty on two counts involving two male victims. 1

Two of the victims testified that appellant inserted his penis into their vaginas; one of the two testified this happened several times, once involving the use of force. In March 2010, a jury found appellant guilty as charged on 12 of the counts, guilty of a lesser offense on one count, and not guilty on the remaining three counts. The charges on which the jury found appellant guilty included six counts of commission of a lewd act on a minor (Pen. Code,

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