People v. Chavez CA2/6

FACTS AND PROCEDURAL HISTORY

Appellant beat and sexually assaulted a woman inside her home in 1995. A jury convicted him of residential burglary (§ 459), assault with intent to commit rape (§ 220), and attempted forcible rape (§§ 664/261, subd. (a)(2)). It found he had three prior strike convictions and served two prior prison terms. Appellant received an aggregate prison term of 41 years to life in prison: an indeterminate sentence of 25 years to life under the Three Strikes Law for assault with intent to commit rape (§§ 667, subds. (c)(2) & (e)(2)(A), 1170.12, subds. (a)(2) & (c)(2)(A)); five years for each of his three prior serious or violent felony convictions; and one year for serving a prior prison term for sexual battery. The trial court imposed but stayed consecutive sentences of 25 years to life on the burglary and attempted forcible rape charges. On appeal, this Court vacated the attempted forcible rape conviction and struck one of the enhancements. We ordered the court to amend the abstract of judgment but did not otherwise alter appellant’s sentence of 41 years to life. In 2022, the California Department of Corrections and Rehabilitation (CDCR) recommended recalling…