P. v. Sauza
Appellant appeals from his conviction after jury trial of forcible rape (count 1) (Pen. Code, § 261, subd. (a)(2))[1] and first degree burglary (counts 2 and 5) (§ 459). The jury also found several special allegations concerning the rape to be true (using a dangerous and deadly weapon, tying and binding the victim, and committing the rape during the commission of a burglary).
The trial court sentenced appellant to a total of 30 years 4 months to life in state prison, including three consecutive terms: (1) 25 years to life for the count 1 forcible rape, (2) four years (the middle term) for the count 2 burglary, and (3) 16 months (one-third the middle term) for the count 5 burglary. Appellant argues that remand for resentencing is required because Blakely v. Washington invalidates the trial court's imposition of consecutive terms based on facts that were not determined to be true by a jury. The court finds no merit in this contention. Judgment Affirmed.
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