Walz

INTRODUCTION

A jury convicted defendant and appellant Rondie Lamont Walz (defendant) of one count each of forcible rape (Pen. Code, § 261, subd. (a)(2)) (count 1); forcible oral copulation (§ 288a, subd. (c)(2)) (count 2); sexual penetration by a foreign object (§ 289, subd. (a)(1)) (count 3); and misdemeanor battery (§§ 242, 243, subd. (a)) (count 5). The trial court granted defendant’s motion for a judgment of acquittal (§ 1118.1) on a charge of kidnapping to commit rape (§ 209, subd. (b)(1)), and the jury found the burglary allegations not true with respect to counts 1, 2, and 3.

The trial court sentenced defendant to 18 years in state prison, consisting of the middle term of six years on count 1, and full consecutive six-year middle terms on counts 2 and 3 pursuant to section 667.6, subdivision (c). The trial court sentenced defendant to a concurrent term of 180 days on count 5. The trial court awarded defendant 124 days of presentence credit, consisting of 108 days of actual custody and 16 days of conduct credit. The trial court imposed a $200 sex offender fine (§ 290.3); a $200 restitution fine (§ 1202.4); a $200 parole restitution fine, stayed (§ 1202.45); and a…