People v. Jillie

Opinion

PUGLIA, P. J.

Defendant submitted the question of his guilt on the preliminary hearing transcript. He was convicted of attempted forcible sodomy (Pen. Code, § 286, subd. (c)—count I), attempted forcible oral copulation (Pen. Code, § 288a, subd. (c)—count II), and failing to register as a sex offender (Pen. Code, § 290, subd. (b)—count III). The court also found he served a prior prison term (Pen. Code, § 667.5, subd. (b)).

Sentenced to state prison, defendant appeals contending the trial court erred (1) by failing to advise him of the range of permissible punishment before he submitted the matter, (2) by imposing multiple sentences for a single act, and (3) by requiring him to submit to acquired immune deficiency syndrome (AIDS) blood testing. We agree only with defendant’s last contention and shall affirm after modifying the judgment accordingly.

1

On January 31, 1991, Cheri Meyers was working in a video store in Red Bluff when defendant approached her, placed a note on the counter and told her, “Do everything I say on this note or your friend’s life will be taken. You have twenty seconds to go and lock the door.” The note stated, among other things, that if Meyers wanted to live for a long time she was to remove her clothing, orally copulate defendant and submit to being sodomized by him. Meyers began shaking and crying. Meyers’s coworker summoned a postman from outside and he detained the defendant until the police arrived.

[962]

I, II

*

III

Apparently with Penal Code section 1202.1 in mind, the trial court ordered defendant to submit to testing for the presence of AIDS antibodies.

3

Defendant contends this was error.

Penal Code section 1202.1 provides: “(a) Notwith standing Sections 199.20[3]