People v. Galvan-Martinez CA1/2

BACKGROUND

The facts underlying Galvan’s convictions were related in our unpublished opinion on the appeal. (People v. Galvan-Martinez (Apr. 26, 2023, A161995).) His convictions arise from an incident that Galvan claimed was a consensual sexual encounter. After a jury trial, Galvan was convicted of forcible rape (Pen. Code, § 261, subd. (a)(2))2 (count 1); forcible oral copulation (§ 287, subd. (c)(2)(A)) (count 2); false imprisonment by violence (§ 236) (count 3) and making criminal threats (§ 422, subd. (a)) (count 4). The jury found true allegations that Galvan used a deadly weapon in the commission of the offenses charged in counts 1 and 4. (§ 12022.3, subd. (a).) At sentencing, the trial court struck the deadly weapon enhancement for count 4 and imposed an aggregate sentence of 18 years, consisting of the upper term of eight years on count 1, the upper term of ten years on the enhancement for that count, and concurrent middle terms of six years on count 2 and two years on count 4. The court stayed sentence on count 3 pursuant to section 654. Galvan appealed and we affirmed the convictions but concluded resentencing was required due to the post-sentencing enactment of Senate…