People v. Reynolds CA3

Filed 1/24/14 P. v. Reynolds CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte)

THE PEOPLE, C072985

Plaintiff and Respondent, (Super. Ct. No. CM035404)

v.

SPENCER DEAN REYNOLDS,

Defendant and Appellant.

Defendant Spencer Dean Reynolds entered a plea of no contest to foreign object penetration on a victim under the age of 18 years (Pen. Code, § 289, subd. (h); count five).1 The remaining counts and allegations (forcible rape, foreign object penetration by force or violence, two counts of sexual battery, and personal use of a deadly weapon) were dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754

1 Undesignated section references are to the Penal Code.

1

(Harvey).2 The court sentenced defendant to state prison for the midterm of two years and ordered him to register as a sex offender. Defendant appeals. He contends the trial court stated inadequate reasons for ordering him to register as a sex offender, specifically reasons for requiring lifetime registration. He also contends insufficient evidence supports the implied finding that he is likely to reoffend. The People respond that remand is required for the trial court to state reasons for its exercise of discretion in ordering sex offender registration. We agree that remand is required. FACTS On May 10, 2011, the 20-year-old defendant met 16-year-old C.E. on the street in Oroville. C.E. claimed she had run away from home and led defendant to believe that she was 18 or 19 years of age. They visited defendant’s friend who loaned a sleeping bag to them. While waiting for defendant, C.E. consumed several shots of rum. Defendant and C.E. went to Bedrock Park. C.E. claimed defendant threatened her, grabbed her hand and had her rub his penis, digitally penetrated her, had sexual intercourse with her without using a condom, ejaculated in her, and sodomized her. She claimed defendant had a folding knife which he had pointed at her stomach. She denied the acts were consensual. C.E. seemed developmentally delayed to the investigating officer. Defendant admitted that he kissed C.E. on the neck and breasts and digitally penetrated her, and that she fondled his penis. He claimed the acts were consensual. He denied any other sexual acts. He had a folding knife when an officer spoke with him two days after the offenses.