People v. Corona

Defendant was convicted on his pleas of guilty of kidnapping, assaulting with a deadly weapon, raping (twice), sexually assaulting with a foreign object, forcibly orally copulating, and robbing Suzanne B. after entering her home in a burglary. He also admitted enhancement allegations to the kidnap offense of personal use of a firearm and to the sex offenses of personal use of a firearm or other deadly weapon. Sentenced to an aggregate term of imprisonment of 56 years, 4 months, he appeals contending sentencing error.

In the published portion of this opinion we consider defendant’s contention that the trial court erred in sentencing him to consecutive terms for the four sex offenses under Penal Code section 667.6, subdivision (d). In the unpublished portion we consider other contentions of sentencing error. We will modify the judgment in part as to sentencing, directing a Penal Code section 654 stay of a concurrent sentence for robbery and that defendant be given an additional day of credit for time served in presentence custody. With those exceptions we will affirm the judgment.

Facts and Procedural Background

On August 7, 1987, around 10 p.m. Suzanne B. was at home in…