Robbins

People v. Robbins

Good Law
1989 Cal. App. LEXIS 299·209 Cal. App. 3d 261·257 Cal. Rptr. 60
Court of Appeal of CaliforniaMarch 31, 1989G003980California1,513 words

Opinion

Opinion

Wallin, J.

A jury convicted Raymond Wade Robbins of two counts of

forcible oral copulation (Pen. Code, § 288a, subd. (c)) and one count of sexual penetration by force (§ 289, subd. (a)). The jury also found he used a deadly weapon (§ 12022.3) and inflicted great bodily injury in the commission of each offense (§ 12022.8). The court sentenced Robbins to the upper term of eight years on each count, to be served consecutively. Eight additional years were added to each count, also to be served consecutively, for knife use and infliction of great bodily injury. Another five-year enhancement was imposed for Robbins’s admitted prior serious felony conviction (§§ 667 and 1192.7, subd. (c)).

Robbins urges the court committed both instructional and sentencing error. We disagree and affirm.

I

Late on the evening of August 27, 1984, Robbins entered the Stanton apartments and found 68-year-old Jane M. asleep on her living room couch. He grabbed her around the neck, jerked her to her feet, knocked her glasses off her face and ripped her dentures from her mouth. After blindfolding her, he struck her in the head, knocking her to the floor. Robbins whispered he had a knife and knew how to use…

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