P. v. Garcia
Appellant was convicted by jury of second degree robbery of Jun Wen (Pen. Code 211, count 10) and the following violent crimes committed upon H.S.: kidnapping to commit rape and robbery ( 209, subd. (b)(1), count 1), second degree robbery ( 211, count 2), carjacking ( 215, subd. (a), count 3), criminal threats ( 422, count 4), assault with intent to commit rape ( 220, count 5), forcible rape ( 261, subd. (a)(2), count 6), forcible oral copulation ( 288a, subd. (c)(2), count 7) and two counts of sexual penetration by foreign object ( 289, subd. (a)(1), counts 8 and 9). On counts 1 through 4, the jury found true allegations that appellant personally used scissors as a deadly weapon. ( 12022, subd. (b)(1).) On counts 6 through 9 (the sex offenses), the jury found true allegations that appellant personally used a deadly weapon ( 12022.3, subd. (a)) and that appellant committed the crimes under the aggravating circumstances of kidnapping H.S. ( 667.61, subd. (e)(1)), substantially increasing her risk of harm ( 667.61, subd. (d)(2)), and personally using a deadly weapon ( 667.61, subd. (e)(4)).
The trial court sentenced appellant to an indeterminate term of 50 years to life, plus eight years, and a determinate term of 35 years in state prison as follows: two identical consecutive full terms of 25 years to life for violation of sections 261, subdivision (a)(2) (count 6) and 289, subdivision (a)(1) (count 8) pursuant to section 667.61, subdivision (a), (d) and (e), plus four years each for personal use of a deadly weapon ( 12022.3); two identical consecutive full terms of six years for violation of sections 288a, subdivision (c)(2) (count 7) and 289, subdivision (a)(1) (count 9) pursuant to section 667.6, subdivision (c),[2]plus four years each for use of a deadly weapon ( 12022.3); a five-year term for violation of section 215, subdivision (a) (count 3), plus one year for personal use of a deadly weapon ( 12022, subd. (b)(1)); a concurrent four-year term for violation of section 220 (count 5); and a consecutive one-year term for violation of section 211 (count 10). The court also imposed and stayed a sentence of life in prison, plus one year for violation of section 209, subdivision (b)(1) (count 1, 12022, subd. (b)(1), 654); a three year term, plus one year for violation of section 211 (count 2, 12022, subd. (b)(1), 654); and a two year term, plus one year for violation of section 422 (count 4, 12022, subd. (b)(1), 654).
The judgment is modified to include a $200 court security fee pursuant to section 1465.8, subdivision (a)(1), and fully consecutive terms for counts 7 and 9, and is otherwise affirmed.
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