People v. Hampton CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In October 2017, a jury found defendant guilty of rape of a drugged victim (§ 261, subd. (a)(3)) and spousal abuse with a prior qualifying conviction (§ 273.5, subd. (f)(1)). In bifurcated proceedings, the trial court found true that defendant had a prior strike (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)); a prior serious felony (former § 667, subd. (a)); and three prior prison terms (former § 667.5, subd. (b)).

2 The following month, the trial court sentenced defendant to state prison for an aggregate term of 26 years and eight months, as follows: 16 years for rape (the upper term of eight years doubled due to the strike), five years consecutive for the prior serious felony enhancement, three years consecutive (or one year each) for the three prior prison term enhancements, and two years and eight months consecutive (one-third the middle term of four years, doubled due to the strike) for the spousal abuse count. The court explained it was imposing the upper term due to the following aggravating factors: the crimes involved cruelty and viciousness, the victim was vulnerable due to domestic violence and her intoxication (which defendant…