Purata

Alfredo Purata was convicted by jury of four counts of forcible rape and several other related sex and false imprisonment offenses, and dissuading a witness. (Pen. Code, §§ 261, subd. (a)(2), 288a, subd. (c), 289, subd. (a), 243.4, subd. (a), 236/237, 136.1, subd. (c)(1).) Thereafter, the court found that a 1982 Texas attempted capital murder conviction qualified both as a serious prior felony and as a strike within the meaning of the three strikes law. (§ 667, subds. (b)-(i).) The trial court also found true the allegations of one prison prior within the meaning of section 667.5, subdivision (b).

Purata was sentenced to 112 years, 4 months in state prison, which included doubling of the base terms on counts 1 through 7, to run consecutively. Additional consecutive sentences were imposed on the remaining counts and on the Vehicle Code section 10851 prison prior. The trial court declined to impose an additional five-year enhancement for the prior serious felony (the 1982 Texas attempted capital murder conviction) because the same conviction was used to qualify as a strike. (§ 667, subd. (a)(1).)

Purata appeals, contending the trial court erroneously found on insufficient…