P. v. Zargoza
Following a jury trial, defendant Antonio Rodriguez Zaragoza was convicted of forcible rape (Pen. Code, 261, subd. (a)(2)),[1]sexual penetration ( 289, subd. (a)(1)), and first degree residential burglary ( 459, 460, subd. (a)). The jury found true that defendant committed the rape and sexual penetration during the commission of a first degree burglary and, therefore, in violation of the One Strike law ( 667.61). The trial court sentenced defendant to a total of 27 years to life in prison, consisting of a term of 25 years to life for the forcible-rape conviction and the mid-term of two years for the sexual-penetration conviction. A mid-term on the burglary conviction was imposed and stayed pursuant to section 654.
Defendant contends there is insufficient evidence to uphold the burglary and forcible rape convictions. He also contends that the trial court erred when it failed to instruct with Judicial Council of California Criminal Jury Instructions (2006) CALCRIM No. 225 and that his sentence imposed pursuant to section 667.61 is unconstitutional. Court disagree and affirm.
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