Booth

People v. Booth

Good Law
1988 Cal. App. LEXIS 544·201 Cal. App. 3d 1499·248 Cal. Rptr. 64
Court of Appeal of CaliforniaMay 24, 1988C002748California2,437 words

Opinion

Opinion

Marler, J.

Based upon charges arising out of three separate incidents, defendant pleaded guilty to: rape of Dorothy K. (Pen. Code, § 261, subd. (2)—count I) and to the burglary of her residence (§ 459—count II); burglary (§ 459—count III), assault with intent to commit rape (§ 220—count IV), and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)—count V), these three counts involving Phyllis T. and her residence; rape (§261, subd. (2)—count VI), assault by means of force likely to produce great bodily injury (§ 245, subd. (a)—count VII), burglary (§ 459—count VIII), and attempted murder (§§ 664, 187—count IX), these four counts relating to Felicia G. and her residence. With respect to the assault with intent to commit rape (count IV) he admitted intentionally inflicting great bodily injury (§ 12022.7) and using a deadly weapon (§ 12022, subd. (b)) and as to the rape in count VI he admitted inflicting great bodily injury and using a deadly weapon in the commission of that offense (§§ 12022.8; 12022.3, subd. (a), respectively).

Defendant was sentenced to thirty-seven years in state prison as follows: Pursuant to section 1170.1 he received the upper term…

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