Arwood

Appellant Randel Arwood pled nolo contendere to a charge of forcible rape and admitted a prior conviction of assault with a deadly weapon involving personal use of the deadly weapon. His sentence included a five-year enhancement under Penal Code section 667 for a prior conviction of a serious felony. Appellant now challenges the propriety of the enhancement.

Procedural Background

Appellant was charged with one count of forcible rape and one count of forcible oral copulation. The complaint further alleged two prior felony convictions within the meaning of section 667: one for forcible rape in 1975 and one for assault with a deadly weapon in 1979.

Pursuant to a plea bargain, appellant entered a plea of nolo contendere to the forcible rape count, and admitted the truth of the prior felony conviction of assault with a deadly weapon involving personal use of the deadly weapon. In exchange for his plea, the prosecution agreed to dismiss the remaining charge and prior felony allegation, and to strike the upper term for the rape count so that appellant would receive no greater than its midterm of six years in addition to section 667’s five-year enhancement for the admitted…