Thompson

Defendant pled guilty to two counts of burglary (counts I & V—Pen. Code, § 459); two counts of oral copulation (counts II & VI—Pen. Code, § 288a, subds. (d) & (c)); two counts of forcible rape (counts HI & VII—Pen. Code, § 261, subds. (2) & (3)); and two counts of robbery (counts IV & VIE—Pen. Code, § 211). In addition defendant admitted using a knife in the commission of the above offenses (Pen. Code, §§ 12022, subd. (b)/12022.3). Probation was denied and he was sentenced to state prison for a maximum term of 31 years. He now appeals contending (1) the trial court erroneously failed to exercise its discretion in sentencing defendant to state prison, and (2) the trial court erroneously failed to consider, as mitigating factors, that defendant has no prior record and was addicted to cocaine at the time of the offenses.

On November 15, 1980, defendant burglarized, robbed, raped, and forced Rosalie P. to orally copulate him while he personally used a knife. On December 11, 1980, defendant burglarized, robbed, raped, and forced Carmelita L. to orally copulate him while he personally used a knife.

The court, at the time of sentencing, stated: “. . .On Count VI, the violation…