Hawk
People v. Hawk
Opinion
Opinion
Regan, J.
Defendant appeals from a judgment entered after he pleaded guilty to rape by force and violence and by threat (Pen. Code, § 261, subds. 2 and 3) and admitted inflicting great bodily injury during the commission of the rape (Pen. Code, § 12022.7).
He was charged by indictment on February 21, 1978, with seven separate crimes (burglary, rape, oral copulation, assault with a force likely to produce great bodily injury, assault with a deadly weapon, assault with intent to commit murder and assault with intent to commit rape). Pursuant to a plea bargain, he entered his plea of guilty to the rape and admitted inflicting great bodily injury after being advised of a possible sentence of three, four or five years for the rape and a sentence of three years for the infliction of great bodily injuiy. The other counts as well as an information charging defendant with the rape of another victim were dismissed on motion of the district attorney pursuant to the terms of the bargain. Defendant was sentenced to the upper term of five years for the rape which was enhanced by three years for the infliction of great bodily injury.