Belcher

Certified for Partial Publication. [*]

VARTABEDIAN, Acting P.J.

The "One Strike Law," found in Penal Code section 667.61, requires an indeterminate life term when a defendant commits certain forcible sexual crimes in combination with enumerated factors. [1] Here, a jury found defendant Billy Jack Belcher guilty of two counts of forcible rape (counts I and II) and one count of forcible oral copulation (count III). The jury also found he engaged in tying or binding of the victim in the commission of all three offenses within the meaning of section 667.61, subdivision (e)(6). The trial court sentenced defendant to consecutive life terms for counts I and III; the same term for count II was stayed. The terms require that defendant is not eligible for parole for 15 years. The published portion of this opinion concerns the "tying or binding" allegations and the availability of consecutive and/or life sentences. We remand the case to the trial court to resentence defendant on counts II and III. In all other respects we affirm.

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