Price
People v. Price
Opinion
Opinion
Acting, J.
Appellant was convicted of forcible rape (Pen. Code, § 261, subd: (2)); forcible sodomy (§ 286, subd. (c)); two counts of forcible oral copulation (§ 288a, subd. (c)); and two counts of robbery (§ 211). Personal use of a weapon for enhancement was found true as to all counts, section 12022.3, subdivision (a), as to the first four counts, and section 12022, subdivision (b), as to the robbery counts.
Appellant originally was sentenced to state prison for 35 years. On appeal, in People v. Price (1984) 151 Cal.App.3d 803 [ 199 Cal.Rptr. 99 ] (Price I), we affirmed the conviction but remanded the matter for resentencing. After preparation of a new probation officer’s report and a hearing, the court sentenced appellant to serve 50 years in state prison. We now affirm the trial court on this second appeal, except for three years of the sentence— two years in count V and one year in count VI. The total sentence remaining is 47 years.
I
Facts
On October 6, 1981, while in a liquor store in Fresno, appellant seized a customer, held a knife at her throat, and ordered the counter clerk to hand over money from the cash register. He also took about $14 from the customer’s hand. The…