Tatlis

Introduction

Defendant James William Tatlis appeals from the judgment entered after he was resentenced to state prison for the term prescribed by law. In addition, defendant petitions for a writ of habeas corpus on the ground he was denied due process of law at his resentencing hearing.

Procedural Background

Defendant pleaded guilty to being a felon in possession of a firearm (Pen. Code, § 12021), after which a jury found him guilty of two counts of forcible rape (Pen. Code, § 261, subd. (2)), two counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)) and one count of false imprisonment (Pen. Code, § 236). The jury further found true the allegation defendant personally used a firearm in the commission of the offenses. (Pen. Code, § 12022.3.) In a separate proceeding, the court found true the allegations defendant had suffered three prior felony convictions within the meaning of Penal Code section 667.5, subdivision (b).

Defendant originally was sentenced on August 5, 1987. The total sentence imposed was 43 years. He received the midterm sentence of six years and a three-year sentence enhancement for the use of a firearm on count I (forcible rape of Ms. K.).…