Fuller

In this case, we hold that three rapes all committed against the same victim within an hour and within her apartment occurred “during a single occasion” under the “one strike” law punishing forcible sex crimes, and thus that only one “one strike” sentence may be imposed for the three rapes. (Pen. Code § 667.61, subd. (g); all further section references are to the Penal Code.)

A jury convicted Bobby Willard Fuller, Jr., of three counts of forcible rape, all committed during a burglary and with personal use of a firearm (counts 1-3); assault with a firearm (count 4); kidnapping for the purpose of committing rape and robbery with personal use of a firearm (count 5); first degree robbery at an automated teller machine (ATM) with personal use of a firearm (count 6); first degree burglary with personal use of a firearm (count 7); and possessing a firearm as a convicted felon (count 8). (§§ 261, subd. (a)(2), 667.61, subds. (a), (b), 245, subd. (a)(2), 209, subd. (b)(1), 12022.53, subd. (b), 211, 212.5, subd. (b), 459, 460, subd. (a), 12021, subd. (a)(1).) In a bifurcated trial after a jury waiver, the trial court found that Fuller had been convicted of robbery in 1995,…