P. v. Arroyo CA3
A jury found defendant Abraham I. Arroyo guilty of first degree residential burglary (Pen. Code, § 459), rape (§ 261, subd. (a)(2)), and robbery (§ 211), and found true an allegation the rape was committed during the commission of a first degree burglary with the intent to commit theft (§ 667.61, subd. (e)(2)). The jury found defendant not guilty of assault with intent to commit oral copulation, but found him guilty of the lesser included offense of simple assault. (§ 240.) The trial court sentenced defendant to 15 years to life in state prison for the rape committed during the commission of a first degree burglary and stayed execution of defendant’s sentence on the remaining counts pursuant to section 654.
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