People v. Maple CA2/3

BACKGROUND

In 1999, Maple was charged by information with two counts of forcible rape. (§ 261, subd. (a)(2).) As to both counts, the information also charged Maple with personally using a dangerous or deadly weapon. (§ 12022, subd. (b)(1).) It further alleged Maple had suffered two prior serious or violent felony convictions or juvenile adjudications for assault to commit rape (§ 220) and forcible oral copulation (former § 288a, subd. (c)), pursuant to section 1170.12, subdivisions (a) through (d), and section 667, subdivisions (b) through (i), and that Maple had been convicted of a serious felony within the meaning of section 667, subdivision (a)(1). The section 220 and section 288a, subdivision (c) convictions were both from a 1991 Los Angeles County case, No. NA006653. The information further alleged Maple had suffered three prior convictions within the meaning of section 667.5, subdivision (b): the 1991 section 220 and section 288a, subdivision (c) convictions, and a 1995 section 243, subdivision (c)

We resolve this matter by memorandum opinion, consistent with California Standards of Judicial Administration, section 8.1. (People v. Garcia (2002) 97 Cal.App.4th 847,…