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The People v. Robert John Heflin

December 15, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ROBERT JOHN HEFLIN, JR., DEFENDANT AND APPELLANT.



APPEAL from the Superior Court of Riverside County. Michele D. Levine, Judge. Affirmed. (Super.Ct.No. RIF139813)

The opinion of the court was delivered by: McKinster J.

P.v . Heflin

CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

Defendant Robert John Heflin, Jr., appeals his conviction on multiple counts of assaultive offenses against two victims, his wife and a woman who lived in a trailer on defendant's property. The sole issue he raises is that the charges pertaining to each victim should have been tried separately. We disagree, and we affirm the judgment.

PROCEDURAL HISTORY

In case No. RIF139813, defendant was charged with four offenses allegedly committed in September 2007, against a Jane Doe identified at trial as defendant's wife, Stacy Heflin. The charged offenses were infliction of corporal injury on spouse resulting in traumatic condition (Pen. Code, § 273.5, subd. (a); counts 1 & 4)*fn1 and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1); counts 2 & 3). The information also alleged that defendant had a prior serious felony conviction, for first degree burglary, within the meaning of sections 667, subdivisions (c) and (e)(1) and 1170.12, subdivision (c)(1).

In case No. RIF142458, defendant was charged with five offenses allegedly committed on or about February 26, 2008, against a Jane Doe identified at trial as F.D. The charged offenses were assault with a deadly weapon, a flashlight, and by means of force likely to produce great bodily injury (§ 245, subd. (a)(1); count 1); assault with intent to commit forcible digital penetration (§ 220; count 2); sexual battery against an unlawfully restrained person (§ 243.4, subd. (d); count 3); kidnapping for purpose of rape (§ 209, subd. (b)(1); count 4); and criminal threats (§ 422; count 5). The information also alleged as to count 1 that defendant personally inflicted great bodily injury within the meaning of sections 12022.7, subdivision (a) and 1192.7, subdivision (c)(8).

The prosecution moved to consolidate the two cases for trial. Over defense objection, the court granted the motion.

In the amended information, the counts concerning Stacy Heflin remained counts 1 through 4, while the counts pertaining to F.D. were renumbered as counts 5 through 9. The amended information also alleged that counts 1 through 4 were committed while defendant was out on bail within the meaning of section 12022.1. It also alleged that defendant personally inflicted great bodily injury in the commission of count 5, within the meaning of sections 12022.7, subdivision (a) and 1192.7, subdivision (c)(8), and that defendant had a prior serious felony conviction, for first degree burglary, within the meaning of sections 667, subdivisions (c) and (e)(1) and 1170.12, subdivision (c)(1). During the trial, the court granted the prosecution's motion to amend count 6 (assault with intent to commit forcible digital penetration) according to proof, to allege assault with intent to commit rape.

The jury found defendant guilty of all charges except count 1, and found the great bodily injury allegation as to count 5 true. In a bifurcated proceeding, the court found it true that defendant had suffered a prior serious felony conviction.*fn2 The court denied defendant's motion to strike his prior serious felony conviction. It sentenced defendant to an aggregate determinate term of 13 years eight months, to be served consecutively with an indeterminate term of 14 years to life on count 8 (kidnapping for purpose of rape).

Defendant filed a timely notice ...


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