People v. Craft CA3

I. BACKGROUND

In 1990, a jury found defendant guilty of unlawful oral copulation (former § 288a, subd. (c)); unlawful penetration by a foreign object (former § 289, subd. (a)); rape by force or

1 Undesignated statutory references are to the Penal Code.

1 fear (former § 261, subd. (2)); and sodomy by force or fear (former § 286, subd. (c)). As to each offense, the jury found true that defendant kidnapped the victim for the purpose of committing a sexual offense (former § 667.8) and personally used a knife (former § 12022.3, subd. (a)). The trial court found true that defendant had suffered a prior serious felony conviction (former § 667, subd. (a)) and served two prior prison terms (former § 667.5, subd. (b)). The court imposed an aggregate sentence of 62 years imprisonment, comprised of eight years (the upper term) for each offense, five years (the upper term) for each knife enhancement, five years for the prior serious felony enhancement, one year for each prior prison term, and three years for one of the kidnapping enhancements. The court stayed the remaining kidnapping enhancements. In 2023, the Department of Corrections and Rehabilitation identified defendant as an…