People v. Duenas CA2/1
Opinion
Opinion
Bendix, J.
BACKGROUND
We resolve this case by a memorandum opinion pursuant to California Standards of Judicial Administration, Standard 8.1. Accordingly, we provide limited factual and procedural background. The trial transcript of Duenas’s jury trial is not included in the appellate record and is not relevant to any issue on appeal. In 2013, a jury convicted Duenas of two counts of forcible rape, kidnapping to commit rape, and assault by means likely to commit bodily injury. With respect to the assault and kidnapping, the jury found that Duenas inflicted great bodily injury. The jury found Duenas not guilty of sexual penetration by a foreign object. Duenas admitted serving a section 667.5, subdivision (b) prior prison term. (People v. Duenas, supra,
B288392.)
The trial court sentenced Duenas to an indeterminate term of seven years to life and a determinate term of 18 years. The abstract of judgment indicates that the trial court stayed the punishment on the section 667.5, subdivision (b) enhancement. This court affirmed the judgment and remanded for recalculation of defendant’s custody credits. (People v. Duenas, supra,