P. v. Carter CA6
In case No. H042977, defendant Johnell Lee Carter appeals from a judgment of conviction in Santa Clara County Superior Court case No. C1478588 (C1478588). In case No. H043545, defendant appeals from a judgment of conviction in Santa Clara County Superior Court case No. C1505628 (C1505628). On its own motion, this court ordered the two appeals to be considered together for purposes of briefing, oral argument, and disposition.
In case No. H042977, defendant was convicted by jury of five counts of oral copulation in violation of Penal Code section 288.7, subdivision (b), as charged. The victim of those offenses was defendant’s stepdaughter. In a bifurcated trial, the court found an allegation of a prior violent or serious felony conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12) and an allegation of a prior serious felony conviction (§ 667, subd. (a)) to be true. On October 30, 2015, the trial court sentenced defendant to five consecuti
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