People v. Smith

In Kern County Superior Court action No. 23158, appellant was convicted after jury trial of forcible rape and being an ex-felon in the possession of a firearm. A jury found that appellant had used a firearm in the commission of the rape. In Kern County Superior Court action No. 23290, consolidated for trial with action No. 23158, appellant was convicted of a separate count of being an ex-felon in possession of a firearm. Appellant admitted having served two prior prison terms. The trial court sentenced appellant to prison for the eight-year upper base term plus the two-year gun use enhancement on the rape and for the three-year upper base term on each firearm possession charge. The trial court stayed the sentence on the first firearm count and ordered that the sentence on the second firearm count run consecutively with the term for the rape. The trial court also imposed a one-year additional term for each prior prison term enhancement.

On appellant’s first appeal (F001068), this court affirmed appellant’s convictions but ordered resentencing because the trial court had failed to state reasons for consecutive terms. On March 1, 1984, appellant appeared before the trial…