By Derrick Pal
SACRAMENTO, CA — A defendant’s plea to rape charges with threats of violence led a judge to impose an eight-year prison sentence and a mandatory restitution of up to $10,000 in a preliminary hearing here in Sacramento County Superior Court Monday.
Defendant Marcus Menefee was charged with one felony count of oral copulation by means of force or fear and one felony count of rape by means of force or fear.
Judge Tami Bogert began the hearing, stating that there may be an agreed-upon disposition in this case between both parties.
Private defender Linda Parisi stated the terms of the agreement, explaining, “At this time, Mr. Menefee is prepared to enter pleas of no contest to Counts 1 and 2 with the understanding that he would receive an aggregate term of eight years…”
Judge Bogert asked if defendant Menefee heard and understood what was stated to the court, which he confirmed.
“So, my understanding then, is that the disposition that’s been negotiated today between you and the People is that you plead no contest or guilty to both counts,” stated Judge Bogert.
“It would result in an upper-term, state prison commitment on Count 1, that would be eight years in state prison, and it would result in a low-term concurrent disposition on Count 2, and that’s three years, but those three years would run concurrently (same time as the first charge),” said the judge.
“So, the total state prison commitment would be eight years. My understanding is that the maximum exposure in the case as currently charged is 18 years, but pursuant to the plea agreement, your commitment would be eight years in state prison,” explained Judge Bogert.
“Each one of the offenses with which you’re charged currently are considered a strike under California’s three-strikes law, so a conviction on both of these counts would result in a conviction of two strikes for you today. They are each considered serious felonies, they are each considered violent felonies…my understanding still the same as yours?” asked Judge Bogert, which the defendant confirmed.
Judge Bogert added, “As part of the disposition, you would have to register as a convicted sex offender for the rest of your life…the court will impose a mandatory restitution fine. The minimum amount is $300, the maximum amount is $10,000.
“You could also be ordered to pay restitution directly to the victim in this case in an amount to fully reimburse the victim for economic loss,” explained Judge Bogert.
Deputy District Attorney TeriAnn Grimes described the factual basis of the case, stating, “On or about March 1, 2019, the defendant engaged in two felony violations. On that day, specifically, he was in an argument with [the victim] who was then his girlfriend.
“That argument turned violent, the defendant used a boxcutter to hold up to [the victim’s] neck and threatened her with physical violence. He also used his hands to strangle her around her neck,” explained DDA Grimes.
“During the course of the argument, he walked over to her and demanded her to orally copulate him. Although she refused to orally copulate him, he threatened her with additional physical violence if she did not. After orally copulating him, the defendant then…raped her by force or fear, and all of this was accomplished without [the victim’s] consent,” stated DDA Grimes.
PD Parisi added that “Mr. Menefee disputes any use of a boxcutter. However, we do stipulate that there is a factual basis for the pleas.”
A future hearing is scheduled for July 30 at 9 a.m. in Dept. 14 for a probation report.
Derrick Pal is a fourth-year student at Sacramento State majoring in Criminal Justice and pursuing a minor in Sociology. He is from Elk Grove, California.
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