P. v. Mack
A jury convicted Clayton Mack of three counts of forcible rape (Pen. Code, 261, subd. (a)(2)), three counts of forcible oral copulation ( 288a, subd. (c)(2)), kidnapping for purposes of rape ( 209, subd. (b)(1)), residential burglary ( 459), making a criminal threat ( 422), inflicting corporal injury on a cohabitant ( 273.5, subd. (a)), attempting to dissuade a witness from testifying ( 136.1, subd. (a)(2)) and disobeying a court order ( 166, subd. (a)(4)). The jury also found true a series of associated special allegations. The trial court sentenced Mack to an indeterminate prison term of 25 years to life, plus a consecutive determinate prison term of 38 years 8 months. On appeal, Mack argues the court erroneously denied his motions to change retained counsel and his motion to represent himself under Faretta v. California (1975) 422 U.S. 806. He also argues that, under Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham), the court's imposition of the upper term for one component of his determinate sentence (count 9) was error.
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