Garcia

Defendant Sergio Garcia entered an unconditional plea of guilty to the charge of rape. The court sentenced him to the upper term of eight years. On appeal, Garcia challenges the court’s decision to impose the upper term. We affirm.

I. Facts

Garcia, under the influence of cocaine and alcohol, approached a woman on the street in San Jose and offered her cocaine. When she refused, he grabbed her by the hair, dragged her into the bushes in front of a restaurant, and threw her backwards onto the ground. He then ripped off her clothes and attempted intercourse, unsuccessfully because of her resistance. Undeterred, Garcia decided to move his victim to a more convenient place. He first slapped her, and then allowed her to put on her overgarments. Once she had partially dressed, Garcia pulled her out of the bushes, punched and slapped her, dragged her by the hair across a parking lot past a perimeter hedge, and threw her once again to the ground. When she continued to resist, Garcia beat her face, neck, and upper body, and again ripped off her clothing. Seriously bruised and fearful that Garcia would kill her, she finally gave up her resistance. The entire episode lasted more…