Acosta

Certified for Partial Publication. [*]

ORTEGA, Acting P.J.

Greg Acosta appeals from the judgment entered following his jury conviction of forcible oral copulation of 15-year-old Cynthia P. and true findings by the court of prior convictions of rape and rape in concert. (Pen.Code, §§ 288a, subd. (c)(2), 261, subd. (a)(2), 264.1, 667.5, subd. (b), 667, subd. (a)-(i), 667.61, subds. (a), (d), 1170.12, subds. (a)-(d).)

Defendant was sentenced to a prison term of 25 years to life pursuant to Penal Code section 667.61 subdivision (a), which was tripled to 75 years to life pursuant to the three strikes law, plus 10 years on the two section 667, subdivision (a)(1) enhancements. The court imposed and stayed the sentences for the two 1-year section 667.5, subdivision (b) enhancements.

Defendant claims the trial court erred in (I) admitting evidence of defendant's prior, uncharged forcible oral copulation of Maria R., and (II) tripling the sentence imposed, and imposing sentence enhancements for his prior convictions.

In the published portion of this opinion, we hold that defendant should have been sentenced to a prison term of 25 years to life pursuant to Penal Code section 667.61,…