Lucious

Defendant Emmanuel Lucious appeals jury convictions of assault with intent to commit rape, attempted robbery and second degree burglary in case No. CR 53996 (Kennedy School offenses) and convictions of rape, burglary and robbery in consolidated case No. CR 53630 (Valencia Park School offenses). The jury found Lucious did not personally use a firearm in any of the offenses. Lucious admitted two prior felony convictions. The trial court denied probation and sentenced Lucious for the Kennedy School offenses to the upper term of six years for the assault with intent to commit rape, eight months (one-third the minimum) term consecutively for attempted robbery and the upper term of three years concurrent for burglary but stayed the burglary sentence pursuant to Penal Code section 654. For the Valencia Park School offenses the court sentenced Lucious to one year (one-third of the midterm) consecutive on the robbery; three years upper term concurrent on the burglary but stayed the sentence (§ 654); and eight years consecutively (upper term) on the rape (§ 667.6, subd. (c)). The court imposed a five-year enhancement for a prior conviction of rape (§ 667.6, subd. (a)), for a total…