Wortman

A jury convicted defendant Robert Wortman of count 1, forcible rape (Pen. Code, § 261, subd. (a)(2)) and count 2, forcible oral copulation (§ 288a, subd. (c)). The court found true the special allegations of a prior serious felony conviction (§ 667, subd. (a)) and a second felony conviction for which he had served a prison term (§ 667.5, subd. (b).) The court imposed an eight-year upper term for the rape, a consecutive five-year enhancement for the prior serious felony conviction, a consecutive one-year enhancement for the prior prison term, and a full consecutive eight-year upper term for the oral copulation. The court stayed the enhancements as to count 2.

On appeal, Wortman asserts various sentencing errors. Specifically, he complains that the trial court erred in (1) selecting the maximum term and then reasoning backward to arrive at that sentence; (2) considering bodily harm, vulnerability of the victim, and callousness as factors in aggravation as to the rape and increasingly serious convictions as a factor in aggravation as to the oral copulation; and (3) imposing full consecutive sentences without an adequate statement of reasons. The People argue that Wortman…