People v. Johnson

Introduction

On September 11, 1984, an information was filed in Fresno County Superior Court. In the information appellant was charged with seven counts. Counts I through IV were for rape, a violation of Penal Code section 261, subdivision (2), count V for forcible oral copulation, a violation of section 288a, subdivision (c), count VI for forcible sodomy, a violation of section 286, subdivision (c), and count VII for burglary with intent to commit rape, a violation of sections '59 and 460. Except for count VII, all counts contained an allegation that appellant had personally used a deadly weapon within the meaning of section 12022.3, subdivision (a).

The jury returned verdicts finding appellant guilty of counts I (rape), IV (rape), V (oral copulation), VI (sodomy) and VII (burglary with intent to commit rape). The jury also found that appellant had used a deadly weapon on counts I, IV, V and VI.

On April 11, 1985, the court imposed full term consecutive sentences on counts I, IV, V and VI. The middle term of six years was selected, resulting in a total term of 24 years. Four three-year enhancements were imposed to be served consecutively for the personal use of a…