P. v. Loaeza
A jury convicted defendant Rulin Hernandez Loaeza of two counts of oral copulation by force (Pen. Code, § 288a, subd. (c) (2) (A);[1] counts 1 and 3), two counts of criminal threats (§ 422; counts 2 and 4), and one count of simple assault (§ 240), a lesser included offense of attempted oral copulation by force (§§ 664, subd. (a), 288a, subd. (c) (2) (A); count 5). The jury also found Loaeza committed the offenses in counts 1 and 3 against more than one victim (§ 667.61, subds. (c) and (e) (4)).
The court sentenced Loaeza to a total prison term of 32 years to life, consisting of a determinate two-year term on count 2, plus consecutive indeterminate 15-to-life terms on each of counts 1 and 3, a concurrent term of 16 months on count 4, and a concurrent term of six months on count 5.
Loaeza contends certain pretrial statements were obtained in violation of his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) and improperly admitted into evidence at trial. Loaeza also contends the sentences imposed on counts 2 and 4 must be stayed under section 654. We agree with his latter contention only, order the sentences on counts 2 and 4 stayed, and affirm the judgment in all other respects.
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