James

Defendant Kenneth Jerome James was charged in an information in count 1 with burglary (Pen. Code, § 459), in count 2 with penetration by a foreign object (§ 289, subd. (a)), in counts 3 and 4 with rape (§261, subd. (2)), in counts 5 and 7 with robbery in an inhabited dwelling (§ 213.5), and in count 6 with vehicle theft (Veh. Code, § 10851). A special allegation of use of a deadly weapon, a knife, was charged as to count 7 (former § 12022, subd. (b); now § 12022, subd. (d).) Finally, the information alleged two prior felony convictions. (§§ 667, 1192.7.)

James pleaded not guilty and not guilty by reason of insanity, waived his right to a trial by jury, and agreed to submit the matter to the court based on the record of the preliminary hearing. The court found James guilty as charged. In a separate court trial of the prior conviction allegations, the court struck the first allegation and found the second allegation to be true.

At the separate jury trial on James’s sanity, the jury found that James was sane at the time of the commission of the offenses. The trial court sentenced James to the aggravated term of six years on count 7 plus a consecutive one-year enhancement…