Irvin

In this case we address a variety of challenges to the three strikes law and several sentencing issues. We affirm the convictions and remand for resentencing.

Procedural Summary

By information filed on May 19, 1994, defendant was charged with burglary (count 1; Pen. Code, § 459), assault with a deadly weapon (count 2; § 245, subd. (a)(1)), false imprisonment (count 3; § 236), 15 counts of anal/genital penetration with a foreign object (counts 4-18; § 289, subd. (a)), 5 counts of oral copulation (counts 19-23; § 288a, subd. (c)), sexual battery (count 24; § 243.4, subd. (a)) and dissuading a witness from reporting a crime (count 25; § 136.1, subd. (b)(1)), a misdemeanor. In addition, the information alleged special allegations as follows: as to all felony counts (1-24), that defendant had a prior “strike” (§ 667, subd. (e)(1)) and had served a prior prison term (§ 667.5, subd. (b)); as to all counts except counts 3, 24, and 25, that defendant had a prior serious felony conviction (§ 667, subd. (a)); as to counts 2 and 3, that defendant personally used a deadly weapon (§ 12022, subd. (b); and, as to counts 4 through 24, that defendant was armed with a deadly weapon (§…