P. v. Cordero CA2/7
Angel Moreno Cordero was convicted of sexual penetration by a foreign object (digital penetration) (Pen. Code, § 289, subd. (a)(1)(A) (count 1)), sexual battery by restraint (§ 243.4, subd. (a) (count 2)) and assault with intent to commit rape (§ 220, subd. (a)(1) (count 3)). The court sentenced Cordero to an aggregate state prison term of seven years four months: the middle term of six years on count 1, digital penetration, and a consecutive term of one year four months (one-third the middle term of four years) on count 3, assault with intent to commit rape. The court imposed and stayed pursuant to section 654 a middle term of three years on count 2, sexual battery by restraint. On appeal Cordero argues the sentence for assault with intent to commit rape should also have been stayed pursuant to section 654. We agree and remand the matter for resentencing, but otherwise affirm the judgment of conviction.
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