Jones

Following jury trial, appellant was convicted on 14 of the 19 counts alleged against him in the information. Except for the prior felony conviction enhancement allegations charged against him pursuant to Penal Code sections 667, 667.6 and 667.9, which had been bifurcated on appellant’s motion, all of the enhancement allegations charged against him were found by the jury to be true. Appellant waived jury trial as to his alleged prior felony convictions and, at the time his waiver was taken, he was advised by the prosecutor that the maximum sentencing consequence, if the priors were found true, was 18 years in state prison. The court found true that appellant had sustained prior serious felony convictions, two (the robberies) within the meaning of section 667, subdivision (a) and two (the rapes) within the meaning of section 667.6, subdivision (a).

On counts 4 and 5, as to which appellant was convicted of forcible oral copulation and forcible rape, appellant was sentenced to the upper term as to each, fully consecutive pursuant to section 667.6, subdivision (c). On the sentences for these counts, the court added a further five years to each, pursuant to section 667.6,…