(Super. Ct. No. 09F01582)
The opinion of the court was delivered by: Butz , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Convicted of 18 sexual offenses against two victims--encompassing kidnapping, shackling and fetishes--and sentenced to 16 consecutive "One Strike" law terms of 25 years to life, defendant Shane Alan Wilson appeals. (Pen. Code, § 667.61.) He contends (1) the prosecutor engaged in misconduct through insinuating questions; (2) the trial court erred in misinstructing on consciousness of guilt, and in excluding impeachment evidence involving one of the victim's appearances on The Jerry Springer Show; (3) defense counsel performed ineffectively concerning the admission of pornographic photos; and (4) his sentence is unconstitutionally cruel and unusual.
Other than granting defendant an additional day of presentence custody credit, we shall affirm the judgment.
The two victims were Y.P. and M.H.
Y.P. testified as follows.
In September and October 2008, Y.P., who was homeless and addicted to alcohol and crack cocaine, supported herself through prostitution and shoplifting.
Around 1:30 a.m. on October 1, 2008, in Sacramento, Y.P. entered the blue, four-door car of a prospective "john," who was tall. She had been up for 24 hours, was not wearing her prescription glasses for her nearsightedness, and had been smoking crack cocaine for a few days. After agreeing on an act of oral sex, the two drove to a dark area behind some Power Inn Road businesses, and parked. But as soon as Y.P. retrieved a condom from her purse, the man attacked her, shackling and duct-taping her hands and feet, placing a cloth bag over her head, and putting her in the car trunk. Y.P. begged for her life; the man said he would not kill her if she cooperated.
Before closing the trunk, the man asked Y.P. if she wanted anything to drink or smoke; she requested gin and a pack of Newports, which the man apparently obtained at a gas station store.
After driving for an hour or more, the two arrived at a rural residence, and entered the house through a sliding door from the garage. Y.P. still had the hood on her head. She sat on a bar stool at a kitchen counter that was black, grayish-silver and sparkly, and ate macaroni the man provided; she saw a black-and-white cat on the floor.
After this, and after some gin and cigarettes (the man assisted, given the hood on her head), the man said "it was time to play"; and no, said the man, refusal was not an option. The two proceeded to a stand-up shower with a frosted-glass door. The man removed Y.P.'s cloth hood, and then jammed his penis "all the way down" her throat, wanting Y.P. to vomit; she could only gag. After the oral copulation, the man urinated on Y.P. and in her mouth, and spat on her. This was followed by vaginal intercourse, during which the man ejaculated. Y.P. noticed that the bathroom sink handles were bronze colored.
The man then told Y.P. to put the bag back over her head, and they went to bed; the man handcuffed one of Y.P.'s hands to a bedpost.
The following day encompassed shackling and two more episodes of the same unwanted sex acts, including the urination and the spitting. Y.P. was afraid for her life the entire time. The man then had Y.P. clean up and he douched her.
The ordeal finally ended when the man replaced the hood covering Y.P.'s head with a black beanie covering her eyes, and drove her back to Sacramento with her seat reclined. Y.P. asked if she could keep the beanie, but the man refused.
M.H. testified as follows.
On February 8, 2009, M.H. was working as a prostitute in Sacramento when a man approached her, driving a lighter-colored pickup truck with a bed-wide tool box in the back. The man told M.H. his name was "Shane."
After agreeing on a sexual act, the man drove M.H. to a dark area behind a warehouse building on Power Inn Road. Almost immediately after parking, the man attacked M.H., handcuffed and bound her extensively with duct tape, and then put her into the tool box, locking it. On they drove, for an hour or two; the farther they ventured, the colder and mistier it got--"really tall trees" began to appear as they went "up higher and higher."
Eventually they arrived at a house, and later entered a stand-up shower with cloudy glass doors. The man removed the duct tape from M.H.'s eyes; he was wearing a black ski mask. The man forced M.H. to orally copulate him, inserting his penis so far that M.H. gagged and vomited, which aroused the man all the more. The man urinated in M.H.'s hair, had intercourse with her, and then douched her.
From the bathroom, the man took M.H. to a bedroom, where he handcuffed her to a bedpost. More sexual acts ensued forcibly, including anal intercourse and gag-inducing oral sex. M.H. did not fight, figuring that cooperation was the key to survival. M.H. tried to "befriend" the man; they exchanged phone numbers and took pictures together. At some point, the man ...