P. v. Galloway CA3
A jury convicted defendant Anthony James Galloway of first degree burglary (Pen. Code, § 459; statutory section references that follow are to the Penal code; count one), assault with intent to commit rape during commission of first degree burglary, and two counts of forcible oral copulation (§ 288a, subd. (c)(2); counts three and four). In connection with counts three and four, the jury sustained the allegations that defendant personally used a dangerous and deadly weapon (§§ 667.61, subd. (e)(3), 12022, subd. (b)(1), 12022.3) and committed the offenses with the intent to commit larceny or an act of forcible oral copulation (§ 667.61, subd. (e)(2)).
The court sentenced defendant to state prison for an aggregate term of 57 years to life, that is, seven years to life on count two, a stayed term on count one, and consecutive terms of 25 years to life each on counts three and four.
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