Reeder

People v. Reeder

Caution
152 Cal. App. 3d 900·1984 Cal. App. LEXIS 1719·200 Cal. Rptr. 479
Court of Appeal of CaliforniaMarch 7, 1984Crim. 11309California9,093 words

Opinion

Opinion

Sparks, J.

Following the filing of our opinion in this case, the California Supreme Court granted hearing and transferred the cause to that court. Recently, the Supreme Court ordered the cause retransferred to this court for reconsideration in light of People v. Belmontes (1983) 34 Cal.3d 335 [ 193 Cal.Rptr. 882 , 667 P.2d 686 ]. Pursuant to that mandate, we have made appropriate modifications in light of Belmontes and now republish our decision as so modified.

In this case we examine and interpret the statutes and rules governing punishment for violent sex offenses. Defendant Kenneth Reeder appeals from a judgment of the Superior Court of Nevada County sentencing him to state prison for a total unstayed term of forty-one years after a jury found him to be guilty of four counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)), and four counts of rape by means of threats. (Former §261, subd. 3; now § 261, subd. (2).) He also admitted serving a prior prison term for the crime of forgery. (§ 667.5, subd. (b).) Defendant contends that he was denied his right to a speedy trial as to counts one and two. He also raises numerous sentencing contentions: (1) the decision to impose…

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