White

As the appropriate measure of the defendant’s culpability in a brutal sexual attack, the jury found the defendant guilty of a melange of crimes and enhancements contained in 13 counts in the information, acquitting him on only 1 count of attempted sodomy. Following the verdict, bifurcated allegations of prior convictions (§§ 667; 667.5, subd. (b)) and of the defendant’s status as a habitual criminal who inflicts great bodily injury (§ 667.7) were tried to the court, which sustained them all.

The court selected the oral copulation in count N as the base term, finding the nature of the crime to deserve the upper term of eight years (rule 421, subd. (a)(1), Cal. Rules of Court [hereafter rules]) and adding a total of five years for the deadly weapon and kidnapping enhancements on the count found true by the jury. The court next selected the oral copulation in count J, again choosing the upper term on the basis of the nature of the crime, choosing a consecutive sentence because it was a separate act of violence (rule 425(a)(2)), and choosing a fully consecutive sentence (§ 667.6, subd. (c)) because of the victim’s vulnerability. (Rules 425(b); 421(a)(3).) The court also…