P. v. Khalafala
Defendant assaulted Debra P. intending to rape her. Later, out of custody from the first assault, defendant assaulted Shelly C. intending to rape her. In a court trial, defendant was convicted of two counts of assault with intent to commit rape. Sentenced to eight years in state prison, defendant appeals. Representing himself on appeal, defendant makes numerous contentions of error. We conclude his contention that he was improperly sentenced to full and consecutive terms pursuant to former Penal Code section 667.6, subdivision (d) has merit because defendant does not have the requisite prior conviction. Accordingly, Court affirm the conviction but vacate the sentence and remand for resentencing.
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