P. v. Bartoleno
Ramon Plazola Bartoleno appeals a judgment following his jury conviction of multiple counts of forcible rape and other offenses, including robbery. On appeal, he contends the trial court erred by: (1) not instructing with CALJIC No. 10.65 on the mistake-of-fact defense to charges of forcible rape, sodomy, and oral copulation; and (2) sentencing him to a consecutive full 10 year Penal Code section 12022.53 enhancement in addition to the consecutive one year term imposed for his subordinate robbery conviction.
The judgment is modified to reflect imposition of a consecutive term of three years four months for the Penal Code section 12022.53, subdivision (b) enhancement related to the robbery conviction (count 6), resulting in an aggregate determinate term of 45 years in addition to the indeterminate term imposed by the trial court.
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