People v. Flores CA2/4

background from defendant’s pre-conviction probation report.

2 count of forcible rape (§ 261, subd. (a)(2)). The jury also found true allegations that defendant committed the offenses while on parole for a 1990 conviction for genital penetration/rape with a foreign object (§ 289) and less than five years removed from a 1987 conviction for aggravated assault (§ 245, subd. (a)(1)). (See § 667, subds. (b)–(i); former §§ 667.5, subd. (b) [hereinafter former § 667.5(b)], 667.6, subd. (a), 1203.085, subd. (a).) Defendant was sentenced to 54 years imprisonment as follows: consecutive, upper-term sentences of eight years for each offense, doubled under the Three Strikes law, plus consecutive one- and five-year terms for suffering a prior prison term (former § 667.5(b)) and prior serious felony conviction (former § 667.6, subd. (a)). In April 2023, the court placed the matter on calendar for judicial review of possible resentencing (§ 1172.75). The court appointed counsel and received briefing from the parties. In his briefing, defendant requested the court strike the now- invalidated one-year prior prison term enhancement (former § 667.5(b)); strike the five-year prior serious felony…