People v. Johnson

Defendant was charged by amended information as follows: counts I and II—separate incidents of forcible rape (Pen. Code, §261, subd. (a)(2)) and count III—attempted forcible oral copulation (§§ 288a, subd. (c), 664). It was further alleged as to each count that defendant had been convicted of and served prison terms for two prior sex offenses (§ 667.6, subd. (b)) and had been convicted of two prior serious felonies (§ 667, subd. (a)). The information also alleged the offenses charged in counts I and II were serious felonies (§ 1192.7, subd. (c)(3)).

On October 19, 1993, the court granted defendant’s motion to bifurcate the prior conviction allegations and a jury trial commenced. The jury found defendant guilty on all counts. Defendant then waived his right to a jury trial on the prior conviction allegations.

On October 25, 1993, the court granted a motion to amend counts I and II of the amended information with respect to the section 667.6, subdivision (b) allegations. The amendments reflected defendant had been convicted of a violation of section “261, Subsection 2, rape by force or fear on or about . . . April 13th, 1987 . . . in the Superior Court of the State of…