After motions for a new trial were denied, Nathan Abate is scheduled to be sentenced later this week.
The 36-year-old Atascadero barber was convicted by a San Luis Obispo County jury in October of three counts — rape by force or fear, rape by intoxication and oral copulation of a minor.
For those three charges, he's facing a maximum sentence of eight years and eight months in prison, according to his attorney.
On Tuesday, it was a quick appearance in court for Abate as he sat before San Luis Obispo Superior Court Judge Michael Frye during a progress hearing.
Judge Frye handed down rulings on two motions for a new trial.
He told the court the first was requested based on alleged jury misconduct. The court then went into closed session for a meeting with the juror.
Judge Frye ruled no misconduct occurred and denied the motion.
The other motion for a new trial was made based on a claim of alleged perjury by one of the victims identified as “Lauren.”
The judge explained that after the trial, Lauren filed a request for restitution for nearly $10,000 after stating during testimony that she would not be seeking restitution.
Judge Frye decided that because the request was made after the trial, he didn't see a basis for a new trial and the motion was denied.
Following the rulings, both the defense and prosecution agreed that sentencing should be held as soon as possible.
Abate is scheduled to be back in court Thursday morning for sentencing.
He's currently in custody at San Luis Obispo County Jail.
