P. v. Brown
A jury convicted defendant Phillip L. Brown of two counts of forcible rape (Pen. Code, 261, subd. (a)(2) (counts one and two)), assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1) (count three)), two counts of failing to register as a sex offender (Pen. Code, 290, subd. (g)(2) (counts four and five)), assault with the intent to commit rape (Pen. Code, 220 (count six)), and false imprisonment (Pen. Code, 236 (count seven)). In a bifurcated proceeding, the jury sustained allegations of aggravating factors, four prior prison terms, and a prior serious felony conviction. The trial court sentenced defendant to a total term of 55 years four months.
On appeal, defendant contends his upper term sentences in counts one, two, and six were based on factors found true by a jury when no authority for such a jury finding exists, and there is insufficient evidence to support one of the prior prison term enhancements. Court modify the sentence to strike one of the prior prison term enhancements and otherwise affirm.
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