Thompson

Statement of the Case

An amended information charged appellant Robert Daniel Thompson with the following felonies: count I, kidnapping (Pen. Code, § 207, subd. (a)); count II, assault with intent to commit rape (Pen. Code, § 220); and count III, assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). Appellant was also charged with the following enhancements for all three counts: using a deadly weapon during the commission of said offenses (Pen. Code, § 12022, subd. (b)), and previously having been convicted of rape, a serious felony (Pen. Code, § 667, subd. (a)).

Appellant’s motion for change of venue was denied. He pled not guilty to all counts and denied the enhancements.

A jury trial was conducted and appellant was found guilty of all three counts. As to the first enhancement, the jury found that appellant personally used a deadly weapon for counts I and III. The court declared a mistrial as to the deadly weapon enhancement charged for count II. Appellant admitted the prior rape conviction underlying the second enhancement for counts I, II, and III.

The court sentenced appellant to the upper term of eight years in state prison for count I, kidnapping,…