People v. Thomas CA1/5

BACKGROUND

In November 2003, the Contra Costa County District Attorney filed an information charging defendant with rape (§ 261, subd. (a)(2); count one); attempted rape (§§ 261, subd. (a)(2), 664; count two); residential burglary (§§ 459, 460, subd. (a); count three); criminal threats (§ 422; count four); and

1 All statutory references are to the Penal Code.

1 false imprisonment (§§ 236, 237; count five). The information also alleged the rape took place during the commission of a burglary and involved tying and binding (§ 667.61, subds. (a), (d), (e), (e)(6); One Strike law); defendant had three prior strikes (§§ 667, subds. (b)–(i), 1170.12; “Three Strikes” law) and two prior serious felony convictions (§ 667, subd. (a)(1)); and defendant had served three prior prison terms (§ 667.5, subd. (b)). In 2004, a jury found defendant guilty on all counts. In a separate court trial, the court found true the enhancement allegations, all three prior strike allegations, the two prior serious felony allegations, and all prior prison term allegations.2 On December 2, 2004, the trial court sentenced defendant to 75 years to life on count one. On count two, he was sentenced to a consecutive…