Burkett

People v. Burkett

Good Law
1 Cal. App. 4th 971·1991 Cal. App. LEXIS 1421·2 Cal. Rptr. 2d 330·91 Daily Journal DAR 15487
Court of Appeal of CaliforniaDecember 16, 1991F015290California1,771 words

Opinion

Opinion

Vartabedian, J.

On January 11, 1989, defendant Steve Burkett committed numerous sexually assaultive acts upon Darla F. after he had gained entrance into her home under false pretenses. An eight-count complaint was filed as a result of this incident. Count three alleged defendant raped (Pen. Code, § 261, subd. 2) Darla F. This count further alleged defendant was a habitual criminal and subject to punishment pursuant to section 667.7 because he used a knife, inflicted great bodily injury, and had suffered two prior separate prison terms. On December 13,1990, defendant pleaded guilty to all of the charges; the conditions contained in the plea agreement were that he would receive a sentence of life with the possibility of parole on count three but all other terms arising from the Fresno County charges would be stayed. At the guilty plea hearing, in addition to other understandings, defendant personally acknowledged that he could be ordered to serve his sentence consecutively with sentences he had received in other counties.

During 1989, defendant was also being prosecuted in Sacramento County, Stanislaus County and Placer County for separate sexual assaults and related crimes he committed…

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