Baker

People v. Baker

Good Law
169 Cal. App. 3d 58·1985 Cal. App. LEXIS 1977·215 Cal. Rptr. 293
Court of Appeal of CaliforniaMay 16, 1985A024648California1,225 words

Opinion

Opinion

Rouse, J.

Defendant Thesolonia Baker appeals from a judgment of conviction following his no contest plea to a charge of forcible rape, in violation of Penal Code section 261, subdivision (2). He was sentenced to state prison for the total term of eighteen years, consisting of the upper term of eight years for the current rape and a five-year enhancement for each of the prior rapes.

We confine our discussion of the facts to those which are necessarily involved in the resolution of issues raised on appeal.

I.

Defendant contends that the trial court erred in basing two consecutive five-year sentence enhancements upon the fact that in a single 1980 criminal action, defendant was convicted of two counts of forcible rape. He asserts that section 667.6, subdivision (a), which provides that a person who is convicted of a violent sexual offense must receive a five-year sentence enhancement for each prior conviction of a violent sexual offense, should be interpreted to preclude the court from imposing more than one such five-year enhancement unless the defendant was previously convicted of two or more violent sexual offenses on charges which were brought and tried separately. He claims…

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