P. v. Johnson
A jury convicted defendant Thomas DeWayne Johnson of one count of kidnapping to commit rape/oral copulation (Pen. Code,[1] 209, subd. (b)(1)), one count of rape ( 261, subd. (a)(2)), and one count of oral copulation by force. ( 288a, subd. (c)(2).) The jury found true the enhancement allegations that the victim had been kidnapped and the movement substantially increased her risk of harm. ( 667.61, subd. (d)(2).) Defendant admitted he had two prior serious felony convictions ( 667, subd. (a)), and two prior strikes. ( 667, subds. (c) & (e).)
On appeal, defendant contends that the trial court abused its discretion when it allowed inadmissible identity evidence and refused to strike his priors. He also alleges that his 185-year sentence constitutes cruel and unusual punishment, and the imposition of two life sentences for two sex offenses committed against one victim on one occasion was error. Court conclude that the trial court was correct in admitting identity evidence and denying defendants Romero motion. Court also conclude that defendants sentence was not cruel and unusual. However, Court find that defendant can only be sentenced to a single life term for only one of the strike sex offenses he was convicted of, hence Court reverse the sentence and remand for resentencing. In all other respects, Court affirm the judgment.
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