Ervin

Christopher Lepte Ervin was convicted by jury of burglary and forcible rape, with a finding that the rape was committed during a residential burglary (Pen. Code, § 667.61, subd. (b)), and he thereafter admitted allegations that he had suffered a prior attempted robbery conviction in 1982 and two prior felony convictions in 1993 (unlawfully taking a vehicle and possession of a firearm by a felon) for which he served a single prior prison term. Ervin was sentenced to state prison for a term of 15 years to life for the rape (§ 667.61, subd. (b)), plus 5 consecutive years for the 1982 prior (§ 667, subd. (a)), with a 4-year concurrent sentence imposed for the burglary count, a term of 20 years to life. The “remaining priors” were stricken. Ervin appeals, contending the maximum sentence the trial court should have imposed was a determinate 16-year sentence under the three strikes law, not an indeterminate life sentence with a 15-year minimum term under section 667.61, subdivision (b). ^e People also appeal, contending Ervin should have been sentenced for the rape under both the three strikes law and section 667.61, subdivision (b), to a term of 30 years to life. We agree with…