?' 1 2 3 4 5 6 A\~E ~1ARlE PD-06-362363 SCHGBERT DISTRlCT A TTOR.."l\EY C. ORE,DDA 901 G STREET TEA~1: SACRAME~TO , /ENDORSE (SACA) CA 95814 XRef: 5224107 (916) 874-6218 7 2019 7 8 By: _JDL.~JO~H~ NS~07N-~M~Elfl~AD::.:::O~-= J~iA=-~DE~PU~1Y~C~ LE~ RK~----­ 9 SLP£RJ0R CO 'CRT OF CALIFO)( · - 10 CO'C~TY OF SACRA\1El\"TO 11 12 THE PEOPLE OF TilE STATE OF CALIFOR..'\IA, 13 vs . 18FE018342 A.\1E::\DED 14 15 ~o. FELO~Y CO~PLA~T ROY CHARLES WALLER, 16 Defendant 17 18 19 The People of the State of California upon oath of the undersigned, upon information and belief complain against the defendant above named for the crime(s) as follows: 20 21 22 23 24 COUNT 0:\"E On or about June 23 , 1991. at and in the County of Sonoma, State of California, the defendant, ROY CHARLES WALLER, did commit a felony , namely: a violation of Section 261(a)(2) of 25 26 27 the Penal Code of the State of California, in that said defendant did unlawfully have and 28 29 unlawful bodily injury on said person. 30 31 32 accomplish an act of sexual intercour e with a person, to wit, N. DOE, not his spous , against said person's will, by means of force, violence, duress, menace and fear of immediate and "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." 33 34 "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test 35 for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency 36 Syndrome (AIDS). Penal Code Section 1202.1. " 37 38 39 40 41 1 11111111111111111 I III111111111111111111 961185 ~ 1 2 3 4 5 6 ");"OTICE: Conviction ofthis offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." 7 8 9 I1 is further alleged that in the commission of the above offense the defendant, ROY CHARLES 10 also causing the above offense to be a crious felony within the meaning of Penal Code Section 11 1192.7(c)(23 ). WALLER, used a deadly weapon, within the meaning of Penal Code Section 12022.3(a) and 12 13 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 14 present case or cases of committing an offense specified in subdivision (c) against more than one 15 victim, within the meaning of Penal Code Section 667.6 1(e)(5). 16 17 18 19 20 COL:\"TTWO For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Count One hereof: On or about June 23, 1991, at and in 21 the County of Sonoma, State of California, the defendant, ROY CHARLES WALLER, did 22 23 commit a felony, namely: a violation of Section 26 1(a)(2) of the Penal Code of the State of California, in that said defendant did unlawfully have and accomplish an act of sexual 24 intercourse with a person, to wit, X DOE, not his spouse, against said person's will, by means of 25 force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person. 26 27 28 29 "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c). " 30 31 "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test 32 33 for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS) . Penal Code Section 1202. 1." 34 35 36 37 38 39 40 41 "1\0TICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." 2 1111111 111111111111111111111111111111111 961185 ~ 1 2 3 4 5 It is further alleged that in the commission of the above offense the defendant, ROY CHARLES WALLER, used a deadly weapon, within the meaning of Penal Code Section 12022.3 (a) and 6 also causing the above offense to be a serious felony within the meaning of Penal Code Section 7 1192. 7(c)(23 ). 8 9 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 10 11 12 present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.61(e)(5). 13 COL:\"TTHREE 14 15 For a further and separate cause of action, being a different offense of the same class of crimes 16 and offenses as the charges set forth in Counts One and Two hereof: On or about Jun 23, 1991, 17 at and in the County of Sonoma, State of California, the defendant, ROY CHARLES WALLER, 18 did commit a felony , namely: a violation of Section 26l(a)(2) ofthe Penal Code ofthe State of 19 California, in that said defendant did unlawfully have and accomplish an act of sexual 20 21 22 23 24 25 26 27 28 29 30 intercourse with a person, to wit, 1\. DOE, not his spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person. ":\OTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." "1\0TICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1." 31 32 "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 33 290. Willful failure to register is a crime." 34 35 36 37 38 39 It is further alleged that in the commission of the above offense the defendant, ROY CHARLES WALLER, used a deadly weapon, within the meaning ofPenal Code Section 12022.3(a) and also causing the above offense to be a serious felony within the meaning of Penal Code Section 1192.7(c)(23). 40 41 3 1111111 11111111111111111111111111111 1111 961185 ... ~ J ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.61(e)(5). C OL":KTFOL"R For a further and separate cause of action, being a different offense of the same class of crimes and offense as the charges set forth in Counts One through Three hereof: On or about June 23, 1991, at and in the County of Sonoma, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 209(b) ofthe Penal Code of the State of California, in that said defendant did unlawfully kidnap and carry away K DOE, to commit Rape. "NOTICE: The above offense is a erious fe lony within the meaning of Penal Code Section 1192.7(c)." It is further alleged that in the commission and attempted commission of the above offense(s), the said defendant, ROY CHARLES WALLER, personally used a firearm, within the meaning of Penal Code Sections 1203.06(a)(l) and 12022.5(a) also causing the above offense to become a serious felony pursuant to Penal Code Section 1192.7(c)(8) and a violent felony within the meaning of Penal Code Section 667.5(c)(8). It is further alleged that jurisdiction for the crime(s) charged in Counts One through Four, in Sonoma County, is established pursuant to Penal Code Section 784.7 based on the following : 1. Defendant is charged with violations of Penal Code Sections 261(a)(2) and 209(b). 2. The defendant, ROY CHARLES WALLER, and victim(s), N . DOE, are the same for all offenses, and 3. The offense(s) alleged in Counts Thirty-Two through Forty-Five occurred within the County of Sacramento. "NOTICE: Counts One through Four were filed pursuant to 1992 Penal Code." 4 1111111111111111111111111111111111111111 961185 • .. ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 The multiple victim circumstance in Penal Code section 667.61 , also referred to as the "One Strike Law," provides for a life sentence and does not qualify as an enhancement. (People v. Perez (201 0) 182 Cal.App.4th 231 , 238.) Instead, the multiple victim circumstance in the "One Strike Law" is "an alternative sentencing scheme that applies to the offense based on other criminal conduct that the trier of fact has found to have occurred. " and makes the unlimited time frame for prosecution in section 799 applicable to "One Strike" cases involving multiple victims. (!d. at p. 239.) C O U~TFIVE For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Four hereof: On or about February 13, 1992, at and in the County of Solano, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 209(b) of the Penal Code ofthe State of California, in that said defendant did unlawfully kidnap and carry away T. DOE, to commit Robbery . "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." It is further alleged that in the commission and attempted commission of the above offense(s), the defendant, ROY CHARLES WALLER, personally used a deadly and dangerous weapon(s), said use not being an element ofthe above offense, within the meaning of Penal Code Section 12022(b) and causing the above offense to be a serious felony within the meaning of Penal Code Section 1192.7(c)(23). 5 1111111111111111111111111111111111111111 961185 • ) ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 COU:\"T SIX For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Five hereof: On or about February 13 , 1992, at and in the County of Solano, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 289(a) ofthe Penal Code ofthe State of California, in that said defendant did unlawfully cause the penetration of the genital opening ofT. DOE, for the purpose of sexual arou al, gratification, and abuse by a foreign object, substance, instrument and device, and by an unknown obj ect, accomplished by force, violence, duress, menace and fear of immediate and unlawful bodily injury on the victim, to wit, finger in vagina (first time). "1\0TICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." "1\0TICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.6 1(e)(5). It is further alleged that in the commission and attempted commission of the above offense(s), the defendant, ROY CHARLES WALLER, personally used a deadly and dangerous weapon(s), said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b) and causing the above offense to be a serious felony within the meaning of Penal Code Section 1192.7(c)(23). 6 1111111111111111111111111111111111111111 961185 • 1 "~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 COUI\TSEVE::\'" For a further and separate cause of action, being a different offens of the same class of crimes and offenses as the charges set forth in Counts One through Six hereof: On or about February 13, 1992, at and in the County of Solano, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 261(a)(2) of the Penal Code of the State of California, in that said defendant did unlawfully have and accomplish an act of exual intercourse with a person, to wit, T. DOE, not his spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person (first time) . " TOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." "KOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. " "N OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning ofPenal Code Section 667.61(e)(5). It is further alleged that in the commission and attempted commission of the above offense(s), the defendant, ROY CFIARLES WALLER, personally used a deadly and dangerous weapon(s), said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b) and causing the above offense to be a serious felony within the meaning of Penal Code Section 1192.7(c)(23). 7 1111111111111111111111111111111111111111 961185 •1 .. ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 COL"NT EIGHT For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Seven hereof: On or about February 13, 1992, at and in the County of Solano, State of California, the defendant, ROY CH RLES WALLER, did commit a felony, namely: a violation of Section 289(a) ofthe Penal Code of the State of California, in that said defendant did unlawfully cause the penetration of the genital opening ofT. DOE, for the purpose of sexual arousal, gratification, and abuse by a foreign object, substance, instrument and device, and by an unknown object, accomplished by force , violence, duress, menace and fear of immediate and unlawful bodily injury on the victim, to wit, finger in vagina (second time). "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.61(e)(5). It is further alleged that in the commission and attempted commission of the above offense(s), the defendant, ROY CHARLES WALLER, per onally used a deadly and dangerous weapon(s), said use not being an element ofthe above offense, within the meaning of Penal Code Section 12022(b) and causing the above offense to be a serious felony within the meaning of Penal Code Section 1192.7(c)(23). 8 1111111111111111111111111111111111111111 961185 ~ 2 3 4 5 6 7 8 9 COU"\"T ~I~E For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Eight hereof: On or about February 13 , 1992, at and in the County of Solano, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 26 1(a)(2) ofthe Penal Code of 10 the State of California, in that said defendant did unlawfully have and accomplish an act of 11 sexual intercourse with a person, to wit, T. DOE, not his spouse, against said person's will, by 12 means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on 13 said person (second time). 14 15 16 17 " TOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c). " 18 19 "~OTICE: 20 for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency 21 Syndrome (AIDS). Penal Code Section 1202. 1. " Conviction ofthis offense will require the court to order you to submit to a blood test 22 23 24 25 "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." 26 27 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 28 29 30 pre ent case or cases of committing an offense specified in subdivision (c) against more than one 31 It is further alleged that in the commission and attempted commission of the above offense(s), 32 33 the defendant, ROY CHARLES WALLER, personally used a deadly and dangerous weapon(s), 34 35 36 37 38 39 victim, within the meaning of Penal Code Section 667 .61(e)(5). said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b) and causing the above offense to be a serious felony within the meaning of Penal Code Section 1192.7(c)(23). 40 41 9 11111111111111111 IIIII 11 1111111111111111 961185 , 1 2 3 4 COL"~T TE~ 5 For a further and separate cause of action, being a different offense ofthe same class of crimes 6 and offenses as the charges set forth in Counts One through ~ine hereof: On or about February 7 8 9 13, 1992, at and in the County of Solano, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 261(a)(2) of the Penal Code of 10 the State of California, in that said defendant did unlawfully have and accomplish an act of 11 sexual intercourse with a person, to wit, T. DOE, not his spouse, against said person's will, by 12 means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on 13 said person (third time). 14 15 16 17 "1\0TICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." 18 19 "-:\OTICE: Conviction of this offense will require the court to order you to submit to a blood test 20 for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency 21 Syndrome (AIDS). Penal Code Section 1202.1." 22 23 24 25 " TOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." 26 27 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 28 29 present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning ofPenal Code Section 667.61(e)(5). 30 31 32 33 34 It is further alleged that in the commission and attempted commission of the above offense(s), the defendant, ROY CHARLES WALLER, personally used a deadly and dangerous weapon(s), said use not being an element of the above offense, within the meaning of Penal Code Section 35 12022(b) and causing the above offense to be a serious fe lony within the meaning of Penal Code 36 37 38 39 Section 1192.7(c)(23). 40 41 10 1111111111111111111111111111111111111111 961185 ~ 2 3 4 5 6 7 8 9 10 It is further alleged that jurisdiction for the crime(s) charged in Counts Five through Ten, in Solano County, is established pursuant to Penal Code Section 784.7 based on the following: 1. Defendant is charged with violations of Penal Code Section 209(b ), 289( a) and 26 1(a)(2). 2. The defendant, ROY CHARLES WALLER, and victim(s), T. DOE, are the same for all offenses, and 3. The offense(s) alleged in Counts Thirty-Two through Forty-Five occurred within the County of Sacramento. 11 12 "~OTIC E : Counts Five through Ten were filed pursuant to 1992 Penal Code." 13 14 The multiple victim circumstance in Penal Code section 667.61 , also referred to as the "One 15 Strike Law," provides for a life sentence and does not qualify as an enhancement. (People v. 16 Perez (2010) 182 Cal.App.4th 23 1, 23 8.) Instead, the multiple victim circumstance in the "One 17 18 19 Strike Law" is "an alternative sentencing scheme that applies to the offense based on other criminal conduct that the trier of fact has fo und to have occurred." and makes the unlimited time 20 frame for prosecution in section 799 applicable to "One Strike" cases involving multiple victims. 21 (Id. at p. 239.) 22 23 COUNT ELEVEN 24 For a further and separate cause of action, being a different offense of the same class of crimes 25 and offenses as the charges set forth in Counts One through Ten hereof: On or about and 26 27 28 29 30 between October 31, 1996, and November 1, 1996, at and in the County of Contra Costa, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 209(b) of the Penal Code of the State of California, in that said defendant did unlawfully kidnap and carry away S. DOE, to commit Robbery. 31 32 33 "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." 34 35 36 37 38 39 40 41 11 1111111111111111111111111111111111111111 961185 1 2 3 4 5 It is further alleged that in the commission and atiempted commission of the above offense(s), 6 of Penal Code Sections 1203.06(a)(1) and 12022.5(a) also causing the above offense to become a 7 serious felony pursuant to Penal Code Section 1192.7(c)(8) and a violent felony within the 8 9 meaning of Penal Code Section 667.5 (c)(8). the said defendant, ROY CHARLES WALLER, personally used a firearm, within the meaning 10 11 12 13 14 C O U~T TWELVE For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Eleven hereof: On or about and between October 31 , 1996, and November 1, 1996, at and in the County of Contra Costa, State of 15 California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation 16 of Section 289(a) of the Penal Code of the State of California, in that said defendant did 17 unlawfully cause the penetration ofthe genital opening ofS . DOE, for the purpose of sexual 18 arousal, gratification, and abuse by a foreign object, substance, instrument and device, and by an 19 20 21 unknown object, accomplished by force, violence, duress, menace and fear of immediate and unlawful bodily injury on the victim, to wit, finger in vagina with lubrication. 22 23 "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 24 1192.7(c)." 25 26 27 "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." 28 29 30 31 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code 32 33 Section 667.61(d)(2). 34 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 35 offense during the commission of a burglary with intent to commit an offense listed in 667.6 1(c), 36 37 38 39 40 41 within the meaning of Penal Code Section 667.6 1(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667.6 1(e)(l). 12 I III111111111111111111 11111111111111111 961185 1 2 3 4 5 6 7 8 9 10 11 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, in the commission of the present offense in violation of S ction 12022, 12022.3, 12022.5 or 12022.53, within the meaning of Penal Code Section 667.6 1(e)(4) . 12 13 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 14 present case or cases of committing an offense specifi ed in subdivision (c) against more than one 15 victim, within the meaning of Penal Code Section 667.61(e)(5). 16 17 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or 18 binding of the victim or another person in the commission of the present offense, within the 19 meaning of Penal Code Section 667.6 1(e)(6). 20 21 22 23 24 25 26 It is further alleged that in the commission of the above offense the defendant, RO Y CHARLES WALLER, used a deadly weapon, within the meaning ofPenal Code Section 12022.3(a) and also causing the above offense to be a serious felony within the meaning of Penal Code Section 11 92.7(c)(23). COUNT THIRTEEN 27 For a further and separate cause of action, being a different offense of the same class of crimes 28 29 30 between October 31, 1996, and November 1, 1996, at and in the County of Contra Costa, State of 31 California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation 32 of Section 26 1(a)(2) ofthe Penal Code of the State of California, in that said defendant did 33 34 35 and offenses as the charges set forth in Counts One through Twelve hereof: On or about and unlawfully have and accomplish an act of sexual intercourse with a person, to wit, S. DOE, not his spouse, against said person's will, by means of force, violence, duress, menace and fear of 36 immediate and unlawful bodily injury on said person (first time upstairs). 37 38 39 "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 11 92.7(c)." 40 41 13 11111111111111111 11111111111111111111111 961185 1 2 3 4 5 6 "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency 7 8 Syndrome (AIDS). Penal Code Section 1202. 1. " 9 "};"OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 10 290. Willful fai lure to register is a crime." 11 12 13 14 15 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). 16 17 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 18 offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), 19 within the meaning of Penal Code Section 667.61(d)(4). 20 21 22 23 24 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the 25 26 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 27 28 667 .61(e)(2). 29 It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous 30 31 32 33 34 present offense, within the meaning of Penal Code Section 667.61 (e)(1 ). offense during the commission of a burglary, within the meaning of Penal Code Section or deadly weapon or a firearm, in the commission of the present offense in violation of Section 12022, 12022.3 , 12022.5 or 12022 .53, within the meaning ofPenal Code Section 667.61(e)(4) . It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 35 present case or cases of committing an offense specified in subdivision (c) against more than one 36 37 38 39 40 victim, within the meaning of Penal Code Section 667.61(e)(5). 41 14 1111111111111111111111111111111111111111 961185 1 2 3 4 5 6 7 8 9 It is further alleged that the defendant, ROY CHARL ~ s WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning ofPenal Code Section 667.61(e)(6). It is further alleged that in the commission of the above offense the defendant, ROY CHARLES 10 WALLER, used a deadly weapon, within the meaning of Penal Code Section 12022.3(a) and 11 also causing the above offense to be a serious felony within the meaning of Penal Code Section 12 1192.7(c)(23). 13 14 COu l\T FO'GRTEEN 15 For a further and separate cause of action, being a different offense of the same class of crimes 16 and offenses as the charges set forth in Counts One through Thirteen hereof: On or about and 17 18 19 between October 31 , 1996, and?\ ovember 1, 1996, at and in the County of Contra Costa, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation 20 of Section 261 (a)(2) of the Penal Code of the State of California, in that said defendant did 21 unlawfully have and accomplish an act of sexual intercourse with a person, to wit, S. DOE, not 22 23 his spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person (second time upstairs) . 24 25 26 27 "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." 28 29 30 for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency 31 Syndrome (AIDS) . Penal Code Section 1202.1." 32 33 34 35 "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful fai lure to register is a crime." 36 37 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the 38 present offense substantially increasing the risk of harm, within the meaning of Penal Code 39 40 Section 667.61(d)(2). 41 15 1111111111111111111111111111111111111111 961185 , 2 3 4 5 6 7 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61 (c), within the meaning ofPenal Code Section 667.61(d)(4). 8 9 10 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense, within the meaning of Penal Code Section 667.61(e)(l). 11 12 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 13 offense during the commission of a burglary, within the meaning of Penal Code Section 14 667.6 1(e)(2). 15 16 It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous 17 or deadly weapon or a firearm, in the commission of the present offense in violation of Section 18 12022, 12022.3 , 12022.5 or 12022.53, within the meaning of Penal Code Section 667.61 (e)(4) . 19 20 21 22 23 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.6 1(e)(5). 24 25 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or 26 27 binding of the victim or another person in the commission of the present offense, within the 28 29 30 31 32 33 meaning of Penal Code Section 667.61(e)(6). It is further alleged that in the commission of the above offense the defendant, ROY CHARLES WALLER, used a deadly weapon, within the meaning ofPenal Code Section 12022.3(a) and also causing the above offense to be a serious felony within the meaning of Penal Code Section 1192.7(c)(23). 34 35 36 37 38 39 40 41 16 I1111111111111111IIIII111111111111111111 961185 1 2 3 4 COuNT FIFTEEI\" 5 For a further and separate cause of action, being a different offense of the same class of crimes 6 and offenses as the charges set forth in Counts One through Fourteen hereof: On or about and 7 8 9 between October 31, 1996, and November 1, 1996, at and in the County of Contra Costa, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation 10 of Section 261(a)(2) of the Penal Code of the State of California, in that said defendant did 11 unlawfully have and accomplish an act of sexual intercourse with a person, to wit, S. DOE, not 12 his spouse, against said person's will, by means of force, violence, duress, menace and fear of 13 immediate and unlawful bodily injury on said person (third time upstairs). 14 15 16 17 ". ~"OTIC E: The above offense is a erious felony within the meaning of Penal Code Section 1192.7(c). " 18 19 "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test 20 for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency 21 Syndrome (AIDS). Penal Code Section 1202.1. " 22 23 24 25 26 27 28 29 30 31 32 33 34 " ~ OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.6 1(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning ofPenal Code Section 667.61(d)(4). 35 36 37 38 39 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense, within the meaning of Penal Code Section 667.61(e)(1). 40 41 17 1111111111111111111111111111111111111111 961185 1 2 3 4 5 6 7 8 9 10 11 It is further alleged that the defendant, ROY CHARL S WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667 .61 (e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, in the commission of the present offense in violation of Section 12022, 12022 .3, 12022.5 or 12022.53 , within the meaning of Penal Code Section 667.61(e)(4). 12 13 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 14 present case or cases of committing an offense specified in subdivision (c) against more than one 15 victim, within the meaning of Penal Code Section 667.61(e)(5). 16 17 18 19 20 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.61(e)(6). 21 22 It is further alleged that in the commission of the above offense the defendant, ROY CHARLES 23 WALLER, used a deadly weapon, within the meaning of Penal Code Section 12022.3(a) and 24 also causing the above offense to be a serious felony within the meaning of Penal Code Section 25 1192.7(c)(23). 26 COUNT SIXTEEN 27 28 For a further and separate cause of action, being a different offense of the same class of crimes 29 and offenses as the charges set forth in Counts One through Fifteen hereof: On or about and 30 between October 31 , 1996, and 31 California, the defendant, ROY CHARLES WALLER, did commit a felony , namely: a violation 32 33 of Section 289(a) of the Penal Code of the State of California, in that said defendant did 34 35 36 37 38 39 ovember 1, 1996, at and in the County of Contra Costa, State of unlawfully cause the penetration of the genital opening of S. DOE, for the purpose of sexual arousal, gratification, and abuse by a foreign object, substance, instrument and device, and by an unknown object, accomplished by force, violence, duress, menace and fear of immediate and unlawful bodily injury on the victim, to wit, finger in vagina multiple times during third rape. 40 41 18 111111111111111111111111111 1111111111111 961185 1 2 3 4 5 6 ":\OTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." 7 8 9 "~OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." 10 11 12 13 14 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667 .6 1(d)(2). 15 16 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 17 offense during the commission of a burglary with intent to commit an offense listed in 667.61 (c), 18 within the meaning of Penal Code Section 667.61(d)(4). 19 20 21 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense, within the meaning of Penal Code Section 667.61(e)(l). 22 23 24 25 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). 26 27 28 29 30 It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5 or 12022.53, within the meaning of Penal Code Section 667.61(e)(4). 31 32 33 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 34 victim, within the meaning of Penal Code Section 667.61(e)(5). present case or cases of committing an offense specified in subdivision (c) against more than one 35 36 37 38 39 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.61(e)(6). 40 41 19 1111111111111111111111111111111111111111 961185 i 2 3 4 It is further alleged that in the commission of the above offense the defendant, ROY CHARLES 5 WALLER, used a deadly weapon, within the meaning of Penal Code Section 12022.3(a) and 6 also causing the above offense to be a serious felony within the meaning of Penal Code Section 7 1192.7(c)(23). 8 9 10 11 12 13 COUNTSEVEI\""TEEN For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges et forth in Counts One through Sixteen hereof: On or about and between October 31, 1996, and ;\ovember 1, 1996, at and in the County of Contra Costa, State of 14 California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation 15 of Section 26 1(a)(2) of the Penal Code of the State of California, in that said defendant did 16 unlawfully have and accomplish an act of sexual intercourse with a person, to wit, S. DOE, not 17 his spouse, against said person's will, by means of force, violence, duress, menace and fear of 18 immediate and unlawful bodily injury on said person (fourth time upstairs). 19 20 21 "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 22 1192.7(c)." 23 24 25 26 "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202. 1. " 27 28 29 30 "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." 31 32 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe 33 present offense substantially increasing the risk of harm, within the meaning of Penal Code 34 Section 667.6 1(d)(2). 35 36 37 38 39 40 41 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61 (c), within the meaning ofPenal Code Section 667.61(d)(4). 20 1111111111111111111111111111111111111111 961185 1 2 3 4 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe 5 6 present offense, within the meaning of Penal Code Section 667.61(e)(l). 7 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 8 9 offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). 10 11 12 13 14 It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, in the commission of the present offense in violation of Section 12022, 12022.3 , 12022.5 or 12022.53 , within the meaning ofPenal Code Section 667.61(e)(4). 15 16 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 17 present case or cases of committing an offense specified in subdivision (c) against more than one 18 victim, within the meaning of Penal Code Section 667.61(e)(5). 19 20 21 22 23 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667 .61(e)(6). 24 25 It is further alleged that in the commission of the above offense the defendant, ROY CHARLES 26 WALLER, used a deadly weapon, within the meaning of Penal Code Section 12022.3(a) and 27 also causing the above offense to be a serious felony within the meaning of Penal Code Section 28 1192.7(c)(23). 29 30 31 32 33 34 35 36 37 38 39 40 41 21 1111111111111111111111111111111111111111 961185 1 2 3 4 5 For a further and separate cause of action, being a different offense of the same class of crimes 6 and offenses as the charges set forth in Counts One through Seventeen hereof: On or about and 7 8 9 CO"CNT EIGHTEE~ between October 31, 1996, and November 1, 1996, at and in the County of Contra Costa, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation 10 of Section 289(a) of the Penal Code of the State of California, in that said defendant did 11 unlawfully cause the penetration of the anal opening of S. DOE, for the purpose of sexual 12 arousal, gratification, and abuse by a foreign obj ect, substance, instrument and device, and by an 13 unknown object, accomplished by force , violence, duress, menace and fear of immediate and 14 unlawful bodily injury on the victim, to wit, finger in rectum. 15 16 17 18 " OTICE: The above offense is a serious fe lony within the meaning of Penal Code Section 1192.7(c). " 19 20 " OTICE : Conviction of this offense v.rill require you to register pursuant to Penal Code Section 21 290. Willful failure to register is a crime." 22 23 24 25 26 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). 27 28 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 29 30 offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning of Penal Code Section 667.61(d)(4). 31 32 33 34 35 36 37 38 39 40 41 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667.61(e)(l). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). 22 1111111111111111111111111111111111111111 961185 1 2 3 4 5 6 7 8 9 His further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5 or 12022.53, within the meaning of Penal Code Section 667.61(e)(4). It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 10 present case or cases of committing an offense specified in subdivision (c) against more than one 11 victim, within the meaning of Penal Code Section 667.6 1(e)(5). 12 13 14 15 16 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning ofPenal Code Section 667.61(e)(6). 17 18 It is further alleged that in the commission of the above offense the defendant, ROY CHARLES 19 WALLER, used a deadly weapon, within the meaning ofPenal Code Section 12022.3(a) and 20 also causing the above offense to be a serious felony within the meaning of Penal Code Section 21 1192.7(c)(23). 22 23 24 25 26 27 28 29 COUNT NINETEEN For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Eighteen hereof: On or about and between October 31, 1996, and November 1, 1996, at and in the County of Contra Costa, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 288a(c) ofthe Penal Code ofthe State of California, in that said defendant did 30 unlawfully participate in an act of oral copulation with S. DOE, and did accomplish said act 31 against said victim's will by force, violence, duress, menace, and fear of immediate and unlawful 32 33 bodily injury to said victim. 34 " -oncE: The above offense is a serious felony within the meaning of Penal Code Section 35 36 37 38 1192.7(c). 39 40 41 23 1111111111111111111111111111111111111111 961185 ~ 2 3 4 5 6 7 8 9 10 11 1\0TICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. 11 11 :-JOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime. 11 11 12 13 14 15 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667 .61(d)(2). 16 17 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 18 offense during the commission of a burglary with intent to commit an offense listed in 667.6 1(c), 19 within the meaning of Penal Code Section 667.61(d)(4). 20 21 22 23 24 25 26 27 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667.61(e)(l). It is further alleged that the defendant, ROY CHARLES WALLER, commitied the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). 28 29 It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous 30 or deadly weapon or a firearm, in the commission of the present offense in violation of Section 31 12022, 12022.3, 12022.5 or 12022.53, within the meaning ofPenal Code Section 667 .61(e)(4). 32 33 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 34 present case or cases of committing an offense specified in subdivision (c) against more than one 35 victim, within the meaning of Penal Code Section 667.61(e)(5). 36 37 38 39 40 41 24 1111111111111111111111111111111111111111 961185 a l ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.61(e)(6). It is further alleged that in the commission of the above offense the defendant, ROY CHARLES WALLER, used a deadly weapon, within the meaning of Penal Code Section 12022.3(a) and also causing the above offense to be a serious felony within the meaning of Penal Code Section 1192.7(c)(23). It is further alleged that jurisdiction fo r the crime(s) charged in Counts Eleven through ~ineteen, in Contra Costa County, is established pursuant to Penal Code Section 784 .7 based on the fo llowing: 1. Defendant is charged with violations of Penal Code Section 209(b), 289(a), 26 1(a)(2) and 28 8a(c). 2. The defendant, ROY CHARLES WALLER, and victim(s), S. DOE, are the same for all offenses, and 3. The offense(s) alleged in Counts Thirty -Two through Forty-Five occurred within the County of Sacramento. ""\"OTICE: Counts Eleven through 1\ineteen were filed pursuant to 1996 Penal Code." COUNT TWENTY For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through -ineteen hereof: On or about and between January 24, 1997, and January 25, 1997, at and in the County of Yolo, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 26 1(a)(2) of the Penal Code of the State of California, in that said defendant did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, T. DOE, not his spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person. "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." 25 11111111111111111 11111111111111111111111 961185 ~ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 "~OTICE: Conviction ofthis offense will require the court to order you to submi t to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1." "-:\OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667.61(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense, within the meaning of Penal Code Section 667.61(e)(l). It is further alleged that the defendant, ROY CHARLES \VALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.6 1(e)(5). It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.61(e)(6). 26 1111111111111111111111111111111111111111 961185 1 2 3 4 COlJ::\"T TWEl\ TY -01\'E 5 For a further and separate cause of action, being a different offense of the same class of crimes 6 and offenses as the charges set forth in Counts One through Twenty hereof: On or about and 7 8 9 between January 24, 1997, and January 25 , 1997, at and in the County of Yolo, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation 10 of Section 261(a)(2) of the Penal Code of the State of California, in that said defendant did 11 unlawfully have and accomplish an act of sexual intercourse with a person, to wit, T. DOE, not 12 his spouse, against said person's will, by means of force, violence, duress, menace and fear of 13 immediate and unlawful bodily injury on said person. 14 15 16 17 ":\OTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." 18 19 "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test 20 for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency 21 Syndrome (AIDS). Penal Code Section 1202.1. " 22 23 24 25 " OTICE: Conviction of this offen e will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime. " 26 27 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe 28 present offense, within the meaning of Penal Code Section 667.61(d)(2). 29 30 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 31 offense during the commission of a burglary, within the meaning of Penal Code Section 32 667.61(d)(4). 33 34 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe 35 36 present offense, within the meaning of Penal Code Section 667.61(e)(l). 37 38 39 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning ofPenal Code Section 667.61(e)(2). 40 41 27 1111111111111111111111111111111111111111 961185 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.6 1(e)( 5) . It is further alleged that the defendant, ROY CHARLES WALL -< R, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.6 1(e)(6) . COu:\"T TWE::\"TY-T, \'0 For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Twenty-One hereof: On or about and between January 24, 1997, and January 25, 1997, at and in the County of Yolo, State of California, the defendant, ROY CHARLES WALLER, did commit a fe lony, namely: a violation of Section 289(a) of the Penal Code of the State of California, in that said defendant did unlawfully cause the penetration of the genital opening ofT. DOE, for the purpose of sexual arousal, gratification, and abuse by a foreign object, substance, instrument and device, and by an unknown object, accomplished by fo rce, violence, duress, menace and fear of immediate and unlawful bodily injury on the victim. "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667 .61(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(d)(4). 28 1111111111111111111111111111111111111111 961185 ~ 2 3 4 5 6 7 8 9 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense, within the meaning of Penal Code Section 667.61(e)(l). It is further alleged that the defendant, ROY CH RLES WALLER, committed the present offense during the commission of a burglary, within the meaning ofPenal Code Section 667.61 (e)(2). 10 11 12 13 14 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning ofPenal Code Section 667.61(e)(5). 15 16 It is further alleged that the defendant, ROY CHARLES W LLER, engaged in the tying or 17 binding of the victim or another person in the commission of the present offense, within the 18 meaning of Penal Code Section 667.61(e)(6). 19 20 21 22 C O U~T TWEI'ITY-THREE For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Twenty-Two hereof: On or about 23 24 and between January 24, 1997, and January 25 , 1997, at and in the County of Yolo, State of 25 California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation 26 of Section 209(b) of the Penal Code of the State of California, in that said defendant did 27 unlawfully kidnap and carry away T. DOE, to commit Robbery. 28 29 " OTICE: The above offense is a serious felony within the meaning of Penal Code Section 30 1192.7(c)." 31 32 33 34 COUNT TWENTY-FOUR For a further and separate cause of action, being a different offense of the same class of crimes 35 and offenses as the charges set forth in Counts One through Twenty-Three hereof: On or about 36 and between January 24, 1997, and January 25 , 1997, at and in the County ofYolo, State of 37 California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation 38 39 40 of Section 209(b) of the Penal Code of the State of California, in that said defendant did 41 unlawfully kidnap and carry away K. DOE, to commit Robbery. 29 1111111111111111111111111111111111111111 961185 , 2 3 4 5 6 " -o TICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." 7 8 9 It is further alleged that jurisdiction for the crime(s) charged in Counts Twenty through Twenty- 10 fo llowing: 1. Defendant i charged with violations of Penal Code Sections 261(a)(2), 289(a) and 11 209(b). 2. The defendant, ROY CHARLES WALLER, and victim(s), T. DOE, are the same for 12 Four, in Yolo County, is established pursuant to Penal Code Section 784.7 based on the Counts Twenty through Twenty-Three. 3. Count Twenty-Four is properly joinable with Counts 13 14 15 Twenty through Twenty-Three, and 4. The offense(s) alleged in Counts Thirty-Two through Forty-Five occurred within the County of Sacramento. 16 17 "1\0TICE: Counts Twenty through Twenty-Four were filed pursuant to 1997 Penal Code." 18 19 20 21 22 23 24 COuNT TWE~TY -FIVE For a further and separate cause of action, being a different offense of the same class of crimes and offenses a the charges set forth in Counts One through Twenty-Four hereof: On or about July 18, 1997, at and in the County of Butte, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 209(a) of the Penal Code of the State of California, in that said defendant did unlawfully seize, confine, inveigle, entice, decoy, 25 26 abduct, conceal, kidnap, and carry away R. DOE with the intent to hold and detain, and who did 27 hold and detain, the said R. DOE for ransom, reward, extortion, and to exact from relatives and 28 29 30 friends of said R. DOE money and other valuable things. 31 "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 32 33 1192.7(c) ." 34 It is further alleged that in the commission and attempted commission of the above offense(s), 35 36 37 38 the defendant, ROY CHARLES WALLER, personally used a deadly and dangerous weapon(s), said use not being an element of the above offense, within the meaning of Penal Code Section 12022(b)(1 ) and causing the above offense to be a serious felony within the meaning of Penal Code Section 1192.7(c)(23). 39 40 41 30 1111111111111111111111111111111111111111 961185 ~1 2 3 4 5 6 7 8 9 10 It is further alleged that jurisdiction for the crime(s) charged in Count Twenty-Five, in Butte County, is established pursuant to Penal Code Section 784.7 based on the following: 1. Defendant is charged with violations of Penal Code Section 209(a). 2. The defendant, ROY CHARLES WALLER, and victim(s), R. DOE, are the same for all offenses, and 3. The offense(s) alleged in Counts Thirty-Two through Forty-Five occurred within the County of Sacramento. 11 12 13 "~OTIC E : Count Twenty-Five was fil ed pursuant to 1997 Penal Code." 14 COUNT TWEI\ TY-SIX 15 16 For a further and separate cause of action, being a different offense of the same class of crimes 17 and offenses as the charges set forth in Counts One through Twenty-Five hereof: On or about 18 July 16, 2000, at and in the County of Yolo, State of California, the defendant, ROY CHARLES 19 WALLER, did commit a felony, namely: a violation of Section 209(b)(l) ofthe Penal Code of 20 21 22 the State of California, in that said defendant did unlawfully kidnap and carry away C. DOE, to commit Robbery. 23 24 "NOTICE: The above offense is a serious fe lony within the meaning of Penal Code Section 25 1192.7(c)." 26 27 28 For a further and separate cause of action, being a different offense of the same class of crimes 29 and offenses as the charges set forth in Counts One through Twenty-Six hereof: On or about July 30 31 COUNT TWENTY-SEVEN 16, 2000, at and in the County of Yolo, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 289(a)(l) of the Penal Code of 32 33 the State of California, in that said defendant did unlawfully cause the penetration of the genital 34 opening of C. DOE, for the purpose of sexual arousal, gratification, and abuse by a foreign 35 object, substance, instrument and device, and by an unknown object, accomplished by force, 36 37 38 39 violence, duress, menace and fear of immediate and unlawful bodily injury on the victim. 40 41 " TOTICE: The above offense is a serious fe lony within the meaning of Penal Code Section 1192.7(c)." 31 lllllllllllllllllll lllllllllllllllllllll 961185 1 2 3 4 5 6 7 8 9 10 ")l"OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). 11 12 13 14 15 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning of Penal Code Section 667.61(d)(4). 16 17 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the 18 present offense, within the meaning ofPenal Code Section 667.61(e)(l). 19 20 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 21 offense during the commission of a burglary, within the meaning of Penal Code Section 22 667 .61(e)(2). 23 24 25 26 27 28 29 30 31 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.61(e)(5). It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.61(e)(6). 32 33 34 35 36 37 38 39 40 41 32 1111111111111111111111111111111111111111 961185 1 2 3 4 CO"Cl\"T TWE~TY-EIGHT 5 For a further and separate cause of action, being a different offense of the same class of crimes 6 and offenses as the charges set forth in Counts One through Twenty-Seven hereof: On or about 7 July 16, 2000, at and in the County of Yolo, State of California, the defendant, ROY CHARLES 8 9 WALLER, did commit a felony, namely: a violation of Section 28 8a(c)(2) ofthe Penal Code of the State of California, in that said defendant did unlawfully participate in an act of oral 10 copulation with C. DOE, and did accomplish said act against said victim's will by force, 11 violence, duress, menace, and fear of immediate and unlawful bodily injury to said victim. 12 13 " -onCE: The above offense is a serious felony within the meaning of Penal Code Section 14 1192.7(c). 15 16 17 18 "1\0TICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. " 19 20 21 22 23 24 "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the 25 present offense substantially increasing the risk of harm, within the meaning of Penal Code 26 Section 667.61(d)(2). 27 28 29 30 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning ofPenal Code Section 667.61(d)(4) . 31 32 33 34 35 36 37 38 39 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667.6 1(e)(l). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). 40 41 33 1111111111111111111111111111111111111111 961185 i 2 3 4 5 6 7 8 9 It is further alleged that the defendant, ROY CI:-IARLES WALLER, engaged in the tying or 10 binding of the victim or another person in the commission of the present offense, within the 11 meaning of Penal Code Section 667.6 1(e)(6). It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.61(e)(5). 12 13 14 15 16 COU~T TWE~TY -1\T~E For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Twenty-Eight hereof: On or about 17 July 16, 2000, at and in the County of Yolo, State of California, the defendant, ROY CHARLES 18 WALLER, did commit a felony, namely: a violation of Section 261(a)(2) of the Penal Code of 19 the State of California, in that said defendant did unlawfully have and accomplish an act of 20 sexual intercourse with a person, to wit, C. DOE, not his spouse, against said person's will, by 21 22 23 means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person. 24 25 " TOTICE: The above offense is a serious felony within the meaning of Penal Code Section 26 1192.7(c)." 27 28 "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test 29 30 31 for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1." 32 33 34 35 36 37 38 39 40 41 "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). 34 1111111111111111111111 111111111111111111 961185 11 2 3 4 5 6 7 8 9 10 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning of Penal Code Section 667.61(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense, within the meaning of Penal Code Section 667.61(e)(l). 11 12 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 13 offense during the commission of a burglary, within the meaning of Penal Code Section 14 667.61(e)(2). 15 16 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 17 present case or cases of committing an offense specified in subdivision (c) against more than one 18 victim, within the meaning of Penal Code Section 667.6 1(e)(5) . 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning ofPenal Code Section 667.61(e)(6). COUNT THIRTY For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Twenty-Nine hereof: On or about July 16, 2000, at and in the County of Yolo, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 286(c)(2) of the Penal Code of the State of California, in that said defendant did unlawfully participate in an act of sodomy with C. DOE, and did accomplish said act against said victim's will by force, violence, duress, menace and fear of immediate and unlawful bodily injury to said victim. "1 OTICE: The above offen e is a serious felony within the meaning of Penal Code Section 11 92.7(c)." 40 41 35 1111111111111111111111111111111111111111 961185 "1\0TICE: Conviction of thi offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS) . Penal Code Section 1202.1. " ":\OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It i further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.6 l(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commi sion of a burglary with intent to commit an offense listed in 667.6 1(c), within the meaning of Penal Code ection 667.61(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667.61(e)(l). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.61(e)(5). It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.61(e)(6). 36 1111111111111111111111111111111111111111 961185 COL~T THIRTY-ONE For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Thirty hereof: On or about July 16, 2000, at and in the County of Yolo, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 289(a)(l) of the Penal Code of the State of California, in that said defendant did unlawfully cause the penetration of the genital opening of C. DOE, for the purpose of sexual arousal, gratification, and abuse by a foreign object, substance, instrument and device, and by an unknown object, accomplished by force, violence, duress, menace and fear of immediate and unlawful bodily injury on the victim, to wit, finger in vagina. "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." "-:-\OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290: Willful failure to register is a crime." It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning of Penal Code Section 667 .6l(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667.61(e)(l). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning ofPenal Code Section 667.61(e)(2). 37 1111111111111111111111111111111111111111 961185 ~ 2 3 4 5 6 7 It is f-urther alleged that the defendant, RO Y CHARL -. S WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.6 1(e)(5). 8 9 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or 10 binding of the victim or another person in the commission of the present offense, within the 11 meaning of Penal Code Section 667.6 1(e)(6) . 12 13 14 15 It is further alleged that jurisdiction for the crime(s) charged in Counts Twenty-Six through Thirty-One, in Yolo County, is established pursuant to Penal Code Section 784.7 based on the 16 following: 1. Defendant is charged with violations of Penal Code Section 209(b), 289(a), 17 288a(b)(2) , 26 1(a)(2) and 286(c)(2). 2. The defendant, ROY CHARLES WALLER, and 18 victim(s), C. DOE, are the same for all offenses, and 3. The offen e(s) alleged in Counts Thirty- 19 Two through Forty-Five occurred within the County of Sacramento . 20 21 22 23 "1\0TICE: Count Twenty-Six through Thirty-One were filed pursuant to 2000 Penal Code." COUNT THIRTY-TWO 24 25 For a further and separate cause of action, being a different offense of the same class of crimes 26 and offenses as the charges set forth in Counts One through Thirty-One hereof: On or about 27 October 14,2006, at and in the County of Sacramento, State of California, the defendant, ROY 28 29 30 CHARLES WALLER, did commit a felony, namely: a violation of Section 26 1(a)(2) of the Penal Code of the State of California, in that said defendant did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, K . DOE, not his spouse, against said person's 31 will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily 32 33 34 injury on said person (first occasion). 35 "NOTICE : The above offense is a serious felony within the meaning of Penal Code Section 36 37 38 39 40 1192.7(c)." 41 38 1111111111111111111111111111111111111111 961185 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 "~OTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1." ":\OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning of Penal Code Section 12022.53(b) . It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61 (c), within the meaning of Penal Code Section 667.61(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense, within the meaning of Penal Code Section 667.6l(e)(l). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5 or 12022.53 , within the meaning of Penal Code Section 667.6l(e)(4). 39 11111111111111111IIIII 111111111111111111 961185 .. ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.61(e)(5). It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.61(e)(6). CO"C:\"T THIRTY-THREE For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Thirty-Two hereof: On or about October 14, 2006, at and in the County of Sacramento, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 261(a)(2) ofthe Penal Code of the State of California, in that said de£ ndant did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, K. DOE, not his spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person (second occasion). "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c). " "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. " "N OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning of Penal Code Section 12022.53(b). 40 11111111111111111 11111111111111111111111 961185 Ito 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667 .61 (c), within the meaning ofPenal Code Section 667.61(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667.61(e)(l). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning ofPenal Code Section 667 .61 (e)(2). It is further alleged that the defendant, ROY CHARLES WALL R, personally used a dangerous or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5 or 12022.53 , within the meaning ofPenal Code Section 667.61(e)(4). It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.61(e)(5). It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the ty ing or 32 binding of the victim or another person in the commission of the present offense, within the 33 34 35 36 37 38 39 40 41 meaning of Penal Code Section 667.61(e)(6). 41 1111111111111111111111111111111111111111 961185 ... )1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 COUNT THIRTY-FOUR For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Thirty-Three hereof: On or about October 14, 2006, at and in the County of Sacramento, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 261(a)(2) ofthe Penal Code of the State of California, in that said defendant did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, K. DOE, not his spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodil y injury on said person (third occasion). "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1." "~OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful fai lure to register is a crime." It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning of Penal Code Section 12022.53(b). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning of Penal Code Section 667.61(d)(4). 42 lllllllllllllllllI IIIl lllllllllllllll 961185 '1 2 3 4 5 6 present offense, within the meaning of Penal Code Section 667 .61(e)(l). 7 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 8 9 offense during the commission of a burglary, within the meaning of Penal Code Section It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the 667.61(e)(2). 10 11 12 13 14 15 It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the present offense in violation of Section 12022, 12022.3 , 12022.5 or 12022.53, within the meaning of Penal Code Section 667 .61(e)(4). 16 17 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 18 present case or cases of committing an offense specified in subdivision (c) against more than one 19 victim, within the meaning of Penal Code Section 667.61(e)(5). 20 21 22 23 24 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.61(e)(6). 25 26 COuNT THIRTY-FIVE 27 For a further and separate cause of action, being a different offense of the same class of crimes 28 and offenses as the charges set forth in Counts One through Thirty-Four hereof: On or about 29 October 14, 2006, at and in the County of Sacramento, State of California, the defendant, ROY 30 CHARLES WALLER, did commit a felony, namely: a violation of Section 261(a)(2) ofthe 31 32 33 Penal Code of the State of California, in that said defendant did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, K. DOE, not his spouse, against said person's 34 will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily 35 injury on said person (last occasion). 36 37 38 39 " OTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." 40 41 43 1111111111111111111111111111111111111111 96 1185 • 1 2 3 4 5 6 7 8 9 10 ""1\0TICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. " ""1\0TICE: Conviction ofthis offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." 11 12 13 14 15 It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning of Penal Code Section 12022.53(b). 16 17 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe 18 present offense substantially increasing the risk of harm, within the meaning of Penal Code 19 Section 667.61(d)(2). 20 21 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 22 23 offense during the commission of a burglary with intent to commit an offense listed in 667 .61(c), 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 within the meaning of Penal Code Section 667.61(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667 .61(e)(l). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5 or 12022.53, within the meaning ofPenal Code Section 667.61(e)(4). 44 11111111111111111IIIII 11111 1111111111111 961185 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 It is further alleged that the defendant, RO Y CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667 .61(e)(5). It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning ofPenal Code Section 667.61(e)(6). COuNT THIRTY-SIX For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Thirty-Five hereof: On or about October 14,2006, at and in the County of Sacramento, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 288a(c)(2) of the Penal Code of the State of California, in that said defendant did unlawfully participate in an act of oral copulation with K. DOE, and did accomplish said act against said victim's will by force, violence, duress, menace, and fear of immediate and unlawful bodily injury to said victim. "NOTICE: The above offense is a serious fe lony within the meaning of Penal Code Section 1192.7(c). " -oTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1." "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime. " It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning of Penal Code Section 12022.53(b). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667 .61(d)(2). 45 1111111111111111111111111111111111111111 961185 1 2 3 4 5 6 7 8 9 10 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning of Penal Code Section 667.61(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense, within the meaning of Penal Code Section 667.6l(e)(1). 11 12 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 13 offense during the commission of a burglary, within the meaning of Penal Code Section 14 667.61 (e)(2). 15 16 It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous 17 or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the 18 19 20 present offense in violation of Section 12022, 12022.3, 12022.5 or 12022.53, within the meaning ofPenal Code Section 667.61(e)(4). 21 22 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 23 present case or cases of committing an offense specified in subdivision (c) against more than one 24 victim, within the meaning of Penal Code Section 667.61(e)(5). 25 26 27 28 29 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning ofPenal Code Section 667.61(e)(6). 30 31 32 COUNT THIRTY-SEVEN For a further and separate cause of action, being a different offense of the same class of crimes 33 and offenses as the charges set forth in Counts One through Thirty-Six hereof: On or about 34 October 14, 2006, at and in the County of Sacramento, State of California, the defendant, ROY 35 CHARLES WALLER, did commit a felony, namely: a violation of Section 289(a)(l) ofthe 36 Penal Code of the State of California, in that said defendant did unlawfully cause the penetration 37 of the genital opening of K. DOE, for the purpose of sexual arousal, gratification, and abuse by a 38 foreign object, substance, instrument and device, and by an unknown object, accomplished by 39 force, violence, duress, menace and fear of immediate and unlawful bodily injury on the victim. 40 41 46 1111111111111111111111111111111111111111 961185 \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning of Penal Code Section 12022.53(b). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning ofPenal Code Section 667.61(d)(4). It is further alleged that the defendant, ROY CHARLES WALL R, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667.61(e)(l). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5 or 12022.53, within the meaning ofPenal Code Section 667 .6 1(e)(4). It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.6 1(e)(5) . 47 111111111111111111111111111111111111 1111 96 1185 4 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667 .6 1(e)(6). COL"NT THIRTY -EIGHT For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Thirty-Seven hereof: On or about October 14, 2006, at and in the County of Sacramento, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 209(b)(l ) ofthe Penal Code of the State of California, in that said defendant did unlawfully kidnap and carry away K. DOE, to commit Robbery. "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) ." COUNT THIRTY-NINE For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Thirty-Eight hereof: On or about October 14,2006, at and in the County of Sacramento, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 26 1(a)(2) of the Penal Code of the State of California, in that said defendant did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, Y. DOE, not his spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person (first occasion). "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) ." " OTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1." 48 1111111111111111111111111111111111111111 961185 1 2 3 4 5 6 7 8 9 "KOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful fai lure to register is a crime." It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber 10 handgun, within the meaning ofPenal Code Section 12022.53(b). 11 12 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the 13 present offense substantially increasing the risk of harm, within the meaning of Penal Code 14 15 Section 667.61(d)(2). 16 17 18 19 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.6 1(c), within the meaning of Penal Code Section 667 .6 1(d)(4). 20 21 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe 22 23 present offense, within the meaning of Penal Code Section 667.61(e)(l). 24 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present 25 offense during the commission of a burglary, within the meaning ofPenal Code Section 26 667.61(e)(2). 27 28 It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous 29 or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the 30 31 32 33 present offense in violation of Section 12022, 12022.3 , 12022.5 or 12022.53, within the meaning of Penal Code Section 667.61(e)(4). 34 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 35 present case or cases of committing an offense specified in subdivision (c) against more than one 36 victim, within the meaning ofPenal Code Section 667.61(e)(5). 37 38 39 40 41 49 1111111111111111111111111111111111111111 961185 . •' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission ofthe present offense, within the meaning of Penal Code Section 667.6 1(e)(6). COUNT FORTY For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Thirty-:\ine hereof: On or about October 14, 2006, at and in the County of Sacramento, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 261(a)(2) of the Penal Code of the State of California, in that said defendant did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, Y. DOE, not his spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person (second occasion). " OTICE: The above offense is a serious felony within the meaning of Penal Code Section 11 92.7(c)." " OTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. " "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290 . Willful failure to register is a crime." It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning of Penal Code Section 12022.53(b). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). 50 I1111111111111111I III111111 111111111111 961185 1 2 3 4 5 6 7 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commi sion of a burglary with intent to commit an offense listed in 667.61(c), within the meaning of Penal Code Section 667.61(d)(4). 8 9 10 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense, within the meaning of Penal Code Section 667.61(e)(l). 11 12 It is further alleged that the defendant, ROY Cf-IARLES WALLER, committed the present 13 offense during the commission of a burglary, within the meaning of Penal Code Section 14 667 .61(e)(2). 15 16 It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous 17 or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the 18 19 20 present offense in violation of Section 12022, 12022.3, 12022.5 or 12022.53 , within the meaning of Penal Code Section 667.61(e)(4). 21 22 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 23 present case or cases of committing an offense specified in subdivision (c) against more than one 24 victim, within the meaning of Penal Code Section 667.6 1(e)(5). 25 26 27 28 29 30 It is furth r alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.6 1(e)(6). 31 32 33 34 35 36 37 38 39 40 41 51 1111111111111111111111111111111111111111 961185 1 2 3 4 5 6 7 8 9 COUNT FORTY-01\"E For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Forty hereof: On or about October 14, 2006, at and in the County of Sacramento, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 261(a)(2) ofthe 10 Penal Code of the State of California, in that said defendant did unlawfully have and accomplish 11 an act of sexual intercourse with a person, to wit, Y. DOE, not his spouse, against said person's 12 will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily 13 injury on said person (third occasion). 14 15 16 17 "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)." 18 19 "~OTICE: 20 for evidence of antibodies to the probable causativ agent of Acquired Immune Deficiency 21 Syndrome (AIDS). Penal Code Section 1202.1. " 22 23 24 25 Conviction of this offense will require the court to order you to submit to a blood test " OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." 26 27 28 29 It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning of Penal Code Section 12022.53(b). 30 31 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe 32 33 present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). 34 35 36 37 38 39 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning of Penal Code Section 667.61(d)(4). 40 41 52 1111111111111111111111111111111111111111 961185 • 1 2 3 4 5 It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667 .61(e)(l). 6 7 8 9 10 11 12 13 14 15 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5 or 12022.53 , within the meaning of Penal Code Section 667.61(e)(4). 16 17 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the 18 present case or cases of committing an offense specified in subdivision (c) against more than one 19 victim, within the meaning of Penal Code Section 667.61(e)(5). 20 21 22 23 24 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning of Penal Code Section 667.61(e)(6). 25 COUNT FORTY-TWO 26 27 28 29 30 31 32 33 For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Forty-One hereof: On or about October 14,2006, at and in the County of Sacramento, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 26 1(a)(2) ofthe Penal Code of the State of California, in that said defendant did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, Y. DOE, not his spouse, against said person's 34 will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily 35 injury on said person (last occasion). 36 37 38 39 40 41 "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c). " 53 lllll/1111111111111111111111111111111111 961185 • l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 "KOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1." ");"OTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning of Penal Code Section 12022.53(b). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning ofPenal Code Section 667 .61(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667.61(e)(1). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the present offense in violation of Section 12022, 12022.3 , 12022.5 or 12022.53 , within the meaning ofPenal Code Section 667.61(e)(4). 54 llllllllllllllllllllllllllllllllllllllll 961185 ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the pre ent case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.61(e)(5). It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning ofPenal Code Section 667.61(e)(6) . COlTNT FORTY-THREE For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Forty-Two hereof: On or about October 14, 2006, at and in the County of Sacramento, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 288a(c)(2) of the Penal Code of the State of California, in that said defendant did unlawfully participate in an act of oral copulation with Y. DOE, and did accomplish said act against said victim's will by force, violence, duress, menace, and fear of immediate and unlawful bodily injury to said victim. "NOTICE: The above offense is a serious fe lony within the meaning of Penal Code Section 1192.7(c). "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1." "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning of Penal Code Section 12022.53(b). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). 55 1111111111111111111111111111111111111111 961185 ' . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning of Penal Code Section 667.61(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense, within the meaning of Penal Code Section 667. 61(e)(l). It is further alleged that the defendant, ROY CIIARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.61(e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the present offense in violation of Section 12022, 12022.3 , 12022.5 or 12022.53 , within the meaning ofPenal Code.Section 667 .61(e)(4) . It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the pre ent case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning ofPenal Code Section 667.61(e)(5). It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning ofPenal Code Section 667.61(e)(6). COUNT FORTY-FOUR For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charges set forth in Counts One through Forty-Three hereof: On or about October 14,2006, at and in the County of Sacramento, State of California, the defendant, ROY CHARLES WALLER, did commit a felony, namely: a violation of Section 289(a)(l) of the Penal Code of the State of California, in that said defendant did unlawfully cause the penetration of the genital opening of Y. DOE, for the purpose of sexual arousal, gratification, and abuse by a foreign object, substance, instrument and device, and by an unknown object, accomplished by force, violence, duress, menace and fear of immediate and unlawful bodily injury on the victim. 56 1111111111111111111111111111111111111111 96 1185 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 "NOTICE: The above offense is a serious fe lony within the meaning of Penal Code Section 1192.7(c)." "NOTICE: Conviction of this offense will require you to register pursuant to Penal Code Section 290. Willful failure to register is a crime." It is further alleged that in the commission and attempted commission of the above offense, the defendant, ROY CHARLES WALLER, personally used a firearm, to wit, an unknown caliber handgun, within the meaning ofPenal Code Section 12022.53(b). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim of the present offense substantially increasing the risk of harm, within the meaning of Penal Code Section 667.61(d)(2). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary with intent to commit an offense listed in 667.61(c), within the meaning of Penal Code Section 667.61(d)(4). It is further alleged that the defendant, ROY CHARLES WALLER, kidnapped the victim ofthe present offense, within the meaning of Penal Code Section 667.61(e)(l). It is further alleged that the defendant, ROY CHARLES WALLER, committed the present offense during the commission of a burglary, within the meaning of Penal Code Section 667.6 1(e)(2). It is further alleged that the defendant, ROY CHARLES WALLER, personally used a dangerous or deadly weapon or a firearm, to wit, an unknown caliber handgun, in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5 or 12022.53 , within the meaning ofPenal Code Section 667.6 1(e)(4). It is further alleged that the defendant, ROY CHARLES WALLER, has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim, within the meaning of Penal Code Section 667.61(e)(5). 57 1111111111111111111111111111111111111111 961185 • 1 2 3 4 5 6 7 It is further alleged that the defendant, ROY CHARLES WALLER, engaged in the tying or binding of the victim or another person in the commission of the present offense, within the meaning ofPenal Code Section 667.61(e)(6). 8 C O lJ"~T 9 FORTY-FIVE 10 For a further and separate cause of action, being a different offense of the same class of crimes 11 and offenses as the charges set forth in Counts One through Forty-Four hereof: On or about 12 October 14, 2006, at and in the County of Sacramento, State of California, the defendant, ROY 13 CHARLES WALL R, did commit a felony , namely: a violation of Section 209(b)(l) of the 14 15 16 Penal Code of the State of California, in that said defendant did unlawfully kidnap and carry away Y. DOE, to commit Sexual Assault. 17 OTICE: The above offense is a serious fe lony within the meaning of Penal Code Section 18 "1 19 1192.7(c)." 20 21 "NOTICE: Counts Thirty-Two through Forty-Five were filed pursuant to 2006 Penal Code." 22 23 24 25 26 27 I declare upon information and belief and under penalty of perjury that the forego ing is true and correct. Executed at Sacramento County, California, the 27th day of February, 2019. 28 29 30 31 32 33 34 35 CHRIS ORE SACRAMENTO CO (916) 874-6218 Telephone Number AB 36 37 38 39 40 41 TY DISTRICT ATTORNEY 58 IIIII/I III/III/III III IIIII IIIIIII/IIIII 961185 • 1 2 3 4 5 HOLDil\"G ORDER 6 _ _ It appearing to me that the offense(s) in the within complaint has/have been committed, 7 and that there is sufficient cause to believe that the defendant, ROY CHARLES 8 WALLER, is guilty thereof, 9 10 _ _ The defendant, ROY CHARLES WALLER, having waived preliminary hearing to the offense(s) set forth in this complaint, 11 12 Exceptions/Additions/Conditions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 13 14 15 16 17 I order that the defendant be held to answer to same. In my capacity as Judge of the Superior Court, I deem the within complaint to be an Information and order it filed in the Superior Court. 18 19 20 21 Date: _ _ __ _ Dept _ _ _ Judge of the Superior Court Sitting as Magistrate 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 59 1111111111111111111111111111111111111111 961 185