Barba

Defendant Roman Barba, and accomplices not parties to this appeal, robbed the patrons of five restaurants at gunpoint. During the course of one of the robberies, defendant's accomplices sexually assaulted a restaurant employee. Defendant was convicted of several felonies, including two counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)(2); all further statutory references are to the Penal Code) and one count of forcible rape (§ 261, subd. (a)(2)), under the natural and probable consequences doctrine of aider and abettor liability. He was sentenced to three concurrent 25-year-to-life terms pursuant to the One Strike law (section 667.61) for the three sex offenses. He was also sentenced to three consecutive 10year terms for personal-use gun enhancements for those three offenses.

On appeal, defendant argues the trial court committed several sentencing errors. He contends (1) the One Strike law does not apply to him because he did not actively participate in the sex offenses, (2) only one life term is authorized under the One Strike law and the trial court erred in sentencing him to three concurrent life terms under this law, and, finally, (3) the court…