People v. Malanche CA5

INTRODUCTION

Appellant, Jose Casillas Malanche, was convicted after a jury trial of rape (Pen. Code,1 § 261, subd. (a)(2); count 1), sodomy (§ 286, subd. (c)(2); count 2), and sexual penetration (§ 289, subd. (a)(1); count 3). The jury also found that appellant personally inflicted great bodily injury on the victim in the commission of each offense. (§ 12022.8, former § 667.61, subd. (b).)2 This court filed an opinion in appellant’s first appeal, case No. F060845, on March 2, 2012. We affirmed appellant’s convictions, found sentencing error, and remanded the case for the trial court to exercise its discretion to sentence appellant to concurrent or consecutive sentences on each count. The trial court conducted a new sentencing hearing on August 20, 2012. The court found appellant’s conduct in committing the offenses to be egregious and imposed a sentence of 15 years to life on count 1 and consecutive sentences in counts 2 and 3 of 15 years to life, for a total sentence of 45 years to life. The court stayed the great bodily injury enhancements found true as to each count.3 The court imposed a $10,000

Subsequent statutory references are to the Penal Code unless otherwise…