OXNARD : Inmate May Face 2nd ‘3 Strikes’ Charge
An Oxnard man facing life in prison for petty theft under the “three-strikes-and-you’re-out” law who is now accused of raping his cellmate will probably be charged under the new statute a second time, prosecutors said Wednesday.
Roosevelt C. McCowan, 52, pleaded not guilty Wednesday in Ventura County Municipal Court to one count of forcible sodomy and one count of sodomy committed in a correctional facility.
Chief Deputy Dist. Atty. Kevin J. McGee said McCowan could become the first defendant in California to be charged twice under the three-strikes law if a judge orders him to stand trial on the sodomy charges at his Aug. 10 preliminary hearing, as expected.
“It certainly appears that way,” McGee said. “I can think of no compelling reason why we wouldn’t do that.”
Under the three-strikes statue, judges must sentence anyone who has two prior violent or serious felony convictions, and who is convicted of a third felony, to at least 25 years to life in prison.
A day after he was convicted last week of stealing 18 bottles of cologne, qualifying him for a three-strikes sentence, McCowan allegedly raped his cellmate, sheriff’s officials said.
His case has been assigned to the presiding judge of the Superior Court, Melinda A. Johnson.
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