Flournoy

People v. Flournoy

Good Law

1994 Cal. App. LEXIS 766·26 Cal. App. 4th 1695·32 Cal. Rptr. 2d 188·94 Daily Journal DAR 10415·94 Cal. Daily Op. Serv. 5739

Court of Appeal of CaliforniaJuly 22, 1994F019551California2,839 words

Opinion

Dibiaso, J.

Procedural History

On November 24, 1992, an amended information was filed in Madera County Superior Court, charging appellant Ronald Flournoy with forcible rape (Pen. Code, § 261, subd. (a)(2)). The amended information contained enhancement allegations concerning convictions previously suffered by Flournoy in Madera County Superior Court case Nos. 5150 and 5931. With regard to case No. 5150, it was alleged that on or about May 26,1981 (later amended by interlineation to Aug. 21, 1981), Flournoy was convicted of attempted rape, thereby suffering a serious felony conviction (§ 667, subd. (a)), for which Flournoy served a prison term (§ 667.5, subd. (b)). With regard to case No. 5931, it was alleged that on or about March 1, 1984, Flournoy was convicted of burglary of an inhabited residence, thereby suffering a serious felony conviction (§ 667, subd. (a)); and was also convicted of rape, thereby suffering a serious felony conviction (§ 667, subd. (a)) and a conviction for an enumerated sex offense (§ 667.6, subd. (a)), for which Flournoy served a prison term (§ 667.5, subd. (b)).

Following a court trial, Flournoy was found guilty as charged and all special allegations were…

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