P. v. Hayes
Defendant was convicted after a jury trial of burglary (count one), two counts of rape (counts two and five), penetration by foreign object (count three), forcible oral copulation (count four), and robbery (count six). The jury also found he had committed the rapes during the commission of a burglary and that he bound or tied the victim during the forcible oral copulation. The trial court found true a prior strike conviction for rape in 1988.
In this appeal, defendant contends: (1) the trial court erred in imposing fully consecutive sentences on counts three, four, and five; (2) imposition of fully consecutive and upper terms based upon factors not presented to the jury violated the Sixth Amendment of the United States Constitution as interpreted in Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403]; (Blakely) and (3) his 115 years to life sentence constitutes cruel and unusual punishment. In a supplemental letter brief, defendant further contends that imposition of the upper terms violated the Sixth Amendment of the United States Constitution as interpreted in Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856]. Court affirm.
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