People v. DeSimone

Opinion

COFFEE, J.

In this appeal, appellant Robert Frederick DeSimone challenges the calculation of his sentence under Penal Code section 667.61, the so-called “One Strike” law. We reject his argument that only one “multiple victim” finding under section 667.61, subdivision (e)(5) was permitted in this case, and affirm the judgment.

Factual Background

Appellant and D. married in 1991 and had two sons together. D.’s daughter Desiree, bom in 1985, also lived with the couple. The marriage started out well but deteriorated because D. would not acquiesce to appellant’s demands for oral sex. Appellant…