People v. Summers CA3

Filed 6/23/14 P. v. Summers CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C073289

Plaintiff and Respondent, (Super. Ct. No. CRF12-548)

v.

DWIGHT ANTHONY SUMMERS,

Defendant and Appellant.

A jury convicted defendant Dwight Anthony Summers of forcible sodomy of a minor 14 years of age or older (Pen. Code, § 286, subd. (c)(2)(C))1 and furnishing a controlled substance to a minor who is at least four years younger than defendant (Health & Saf. Code, §§ 11353, 11353.1, subd. (a)(3)), with two prior prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to 25 years in state prison.

1 Undesignated statutory references are to the Penal Code.

1

On appeal, defendant contends there is insufficient evidence to support a finding that the sodomy was forcible, the matter must be remanded to the trial court to list the statutory source of fines and fees, and an error in the abstract. We affirm the judgment, remand for the trial court to state the statutory source of certain assessments, and order a correction to the abstract of judgment. BACKGROUND The Prosecution Case D.S. was 17 years old in April 2011. He is one of seven brothers. He lived with his mother, R.S. (hereafter mother), who was in a relationship with defendant for 10 years, and engaged to him for eight of those years. Defendant was a father figure to D.S. and his brothers, all of whom called him “Dad.” At the age of 13, D.S. was molested by defendant’s brother, Daylon Summers. As a result, Daylon was sent to prison. When D.S. was 16, defendant took him to a Knights Inn, a motel in Yuba City, showed him how to smoke crack cocaine, and sodomized him after D.S. smoked crack. D.S. did not report the sexual assault because he did not want to be teased about it. When D.S. was 15 or 16, mother noticed that her son began spending more time with defendant. D.S. would go away with defendant for two or three days and return home “high.” Mother confronted defendant about drug use after D.S. twice tested positive for methamphetamine. Defendant said D.S. “had started on his own and they were smoking together because he didn’t want him to smoke with somebody else because if something went wrong, there’d be no safeguard.” Drug use was a source of tension between mother and defendant, being one of the problems which led her to order him out of the house in April 2011. Defendant moved out, but returned to visit the family a couple of times.