P. v. Callahand
Defendant was convicted by a jury of forcible rape (Pen. Code, 261, subd. (a)(2); further undesignated section references are to the Penal Code), forcible sexual penetration with a foreign object ( 289, subd. (a)(1)), assault with a deadly weapon ( 245, subd. (a)(1)), battery causing serious bodily injury ( 243, subd. (d)), and torture ( 206), all arising from a single incident in which defendant beat and sexually assaulted his one-time girlfriend over a period of eight hours. He was acquitted of aggravated kidnapping for the purpose of committing a sex offense ( 209, subd. (b)(1)), but convicted of the lesser included offense of simple kidnapping ( 207). The jury also found various enhancements and one-strike allegations true. Defendant thereafter admitted a prior serious felony conviction within the meaning of the three strikes law ( 667 and 1170.12) and another conviction for which he served a prison term ( 667.5). Sentenced to an aggregate, unstayed term in state prison of 83 years to life, defendant appeals contending he was denied his constitutional right to present a defense by virtue of several evidentiary rulings by the trial court and he was denied the right to a jury trial on factors used to determine the aggregate sentence imposed. court find no error and affirm the judgment.
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