McGahuey

This is an appeal by Jaime Ray McGahuey (defendant) arising from his conviction and sentence for first degree murder, rape, assault with a deadly weapon and first degree burglary. Defendant pled guilty to all counts. In addition, defendant admitted a prior conviction of grand theft.

On December 5, 1979, the trial court sentenced defendant as follows: For count I, murder in the first degree, defendant was sentenced to the term prescribed by law, 25 years to life (Pen. Code, § 190), plus 2 one-year enhancements for his prior felony conviction (Pen. Code, § 667.5) and for use of a dangerous weapon. (Pen. Code, § 12022, subd. (b).) For count II, rape, defendant received two years, i.e., one-third of the middle term. (Pen. Code, § 264.) Count III, assault, resulted in one year, which was also one-third of the middle term. (Pen. Code, § 245, subd. (a).) For count IV, burglary, defendant received one and one-third years, again one-third of the middle term. (Pen. Code, § 461.) These sentences were ordered to run consecutively. In summary, the trial court ordered defendant to serve consecutive sentences under the determinate sentencing law, using the life sentence as the…