Palmore

A jury convicted James Palmore of forcible rape (Pen. Code, § 261), forcible sodomy (§ 286), and robbery (§ 211). The jury found true the special allegation that Palmore committed the rape and sodomy offenses during the commission of a burglary of a commercial establishment, which was then closed to the public (§ 667.61, subds. (b), (c) & (e)(2)). The court sentenced him to prison for 15 years to life for the rape offense and imposed consecutive sentences of eight years for sodomy, five years for robbery, and one year for an admitted prison prior.

On appeal, Palmore contends: (1) the court’s instruction on the special allegation to the sex offenses failed to inform the jury that the commercial establishment had to be closed to the public when the burglary was committed; (2) the sentence for robbery must be stayed pursuant to section 654; and (3) the evidence was insufficient to prove he entered the premises with the intent to commit a theft. We affirm the judgment.

Facts

Barbara H. was an assistant manager at a Wendy’s restaurant in Vista. She arrived for work at approximately 6:50 a.m. to prepare the restaurant for its 10:00 a.m. Sunday morning opening. She was the…