People v. Robertson

Opinion

LEVY, Acting P. J.

INTRODUCTION

On October 12, 2009,1 appellant Roger Wayne Robertson kidnapped and sexually assaulted M.H. (the victim). He was convicted after jury trial of aggravated kidnapping for the purpose of committing rape (count 1), sexual penetration by a foreign object (count 2) and forcible rape (count 3). (Pen. Code, §§ 209, subd. (b)(1), 289, subd. (a)(1), 261, subd. (a)(2).)2 The jury *971found true a special finding attached to counts 2 and 3 that appellant kidnapped the victim “in violation of Penal Code Section 207 or 209, pursuant to Penal Code Section 667.61(e)(1)”…