Jamison

Thomas Ray Jamison appeals his jury-tried conviction of forcible rape (Pen. Code, 1 § 261, subd. (2)) with use of a firearm during the rape (§ 12022.3, subd. (a)) and robbery (§ 211) with personal use of a firearm (§ 12022.5). The trial court sentenced him under section 667.6, subdivision (c), to a full, separate and consecutive term of eleven years for the rape with firearm use (eight years upper term plus three years enhancement), and to three years, the middle term, for the robbery, staying the firearm use enhancement connected with the robbery.

Catherine S., a 21-year-old college student, met Jamison for the first time on January 18, 1982, at a farewell party for Timothy Peete, Jamison’s neighbor. Jamison attended the party a total of about five minutes and conversed briefly with Catherine about her brother whom Jamison knew. A few days later, while driving by Catherine’s apartment, Jamison told Peete Jamison would “like to get some of that,” meaning he would like to have sex with Catherine. Peete pointed out the exact apartment in which Catherine lived.

On March 31 at about 6:30 p.m., Jamison rapped on the screen door of Catherine’s apartment and walked inside.…

I dissent from so much of the majority opinion as concerns issues on sentencing and concur in the remainder.

With reluctance, I plunge into the murky waters of violent sex crime sentencing, mindful of other opinions which, like kelp, seek sunlight only to be swept away and moulder on a sandy beach, attracting vagrant flies and vexing unaware readers. The trial judge’s views on the subject deserve publication. “Having once made that determination, we then come to the area which we approach the Alice in Wonderland rule of the determinate sentencing law, and I was reminded as I thought about this in the middle of the night of President Carter’s statement about lusting in your heart. I’ve lusted in my heart for some changes in the determinate sentence law so trial judges can understand it, but then we might put the Appellate Courts out of work. I don’t think so, but we certainly might.” If indeed, the determinate sentencing law is the rabbit hole through which we enter Wonderland, I accept the invitation to the Mad Hatter’s tea party. 1 I restate the sentence.

Jamison was convicted on count 1, rape (§ 261, subd. (2)) and count 2, a robbery (§ 211). Catherine was the victim of the…

COLOGNE, Acting P.J.

Thomas Ray Jamison appeals his jury-tried conviction of forcible rape (Pen. Code, [1] § 261, subd. (2)) with use of a firearm during the rape (§ 12022.3, subd. (a)) and robbery (§ 211) with personal use of a firearm (§ 12022.5). The trial court sentenced him under section 667.6, subdivision (c), to a full, separate and consecutive term of eleven years for the rape with firearm use (eight years upper term plus three years enhancement), and to three years, the middle term, for the robbery, staying the firearm use enhancement connected with the robbery.

Catherine S., a 21-year-old college student, met Jamison for the first time on January 18, 1982, at a farewell party for Timothy Peete, Jamison's neighbor. Jamison attended the party a total of about five minutes and conversed briefly with Catherine about her brother whom Jamison knew. A few days later, while driving by Catherine's apartment, Jamison told Peete Jamison would "like to get some of that," meaning he would like to have sex with Catherine. Peete pointed out the exact apartment in which Catherine lived.

On March 31 at about 6:30 p.m., Jamison rapped on the screen door of Catherine's…