Medina

I.

INTRODUCTION

A jury convicted Anthony Ramona Medina of forcible oral copulation (Pen. Code, § 288a, subd. (c)), forcible penetration by a foreign object (§ 289, subd. (a)), and three counts of forcible rape (§ 261, subd. (a)(2)). In addition, the jury found true the allegation that Medina used a firearm during the commission of each of the offenses (§ 12022.3, subd. (a)). The trial court imposed the upper term of eight years for each of the five convictions and ordered four of the five terms to be served fully and consecutively and the fifth to be served concurrently, for an aggregate term of 32 years. In addition, the court imposed the middle term of four years for each of the five firearm use enhancements and ordered four of the terms to be served fully and consecutively and the remaining term to be served concurrently, for an additional aggregate term of 16 years. Medina was sentenced to a total aggregate term of 48 years in prison.

Medina claims that the trial court’s admission of evidence of a sexual offense not charged in this case, pursuant to Evidence Code section 1108, constituted error, for a number of reasons. In the published portion of this opinion, we…