People v. Lockhart CA2/2

BACKGROUND

I. Conviction and Sentence

In 2003, a jury convicted defendant of forcible rape (§ 261, subd. (a)(2); count 1), criminal threats (§ 422; count 2), false imprisonment (§ 236; count 3), assault with a deadly weapon by means likely to produce great bodily injury (§ 245, subd. (a)(1); count 4), and forcible oral copulation (§ 288a, subd. (c)(2); count 5).2 At a bifurcated bench trial, the trial court found true multiple allegations stemming from defendant’s prior convictions; in 1993, defendant had pled guilty to 10 counts of robbery (§ 211)

All further statutory references are to the Penal Code unless otherwise indicated.

The jury acquitted defendant of another count of forcible oral copulation (count 6) and found not true the allegation that he committed the rape with a knife.

2 and one count of assault with mace (§ 244.5) (collectively the 1993 convictions).3 As relevant here, the trial court found that the 1993 convictions constituted serious felonies and prior strikes under the Three Strikes law (§§ 667, subds. (a)–(i) & 1170.12, subds. (a)–(d)). The trial court sentenced defendant to a total of 106 years to life. This aggregate sentence included a…