People v. Smith

We are ordered to vacate our decision of October 26, 1994, and to reconsider the cause in light of People v. Rayford (1994) 9 Cal.4th 1 [ 36 Cal.Rptr.2d 317 , 884 P.2d 1369 ].

Appellant Leonard Smith appeals from a judgment entered after a jury convicted him of counts 1 and 2 for forcible rape (Pen. Code, § 261, subd. (a)(2)), count 3 for forcible oral copulation (§ 288a, subd. (c)), and count 4 for residential robbery (§211). The jury found true the allegations that appellant used a weapon and kidnapped the victim within the meaning of section 667.8, subdivision (a) in connection with the first three counts. The trial court found that appellant had suffered prior convictions for first degree robbery and attempted arson within the meaning of sections 667, subdivision (a) and section 667.5, subdivision (b). Appellant was sentenced to a total of 31 years, 8 months. Imposition of sentence pursuant to section 667.8, subdivision (a) was stayed on counts 2 and 3. The trial court imposed two 5-year enhancements for the section 667, subdivision (a) findings and two 1-year enhancements for the section 667.5, subdivision (b) findings.

We affirm in part and reverse in…