Horn

Statement of the Case

Appellant Billy J. Horn was convicted by jury verdict of failing to register as a sex offender (Pen. Code, § 290, subd. (g)(2)). The jury also found true allegations that Horn had suffered two prior convictions, one for forcible rape (§261, subd. (a)(2)), and the other for forcible lewd and lascivious acts with a child under the age of fourteen (§ 288, subd. (b)), which qualified as serious or violent felonies within the meaning of sections 667, subdivisions (d) and (e), and 1170.12.

At the sentencing hearing the trial court found the prior section 261, subdivision (a)(2), conviction to be a strike for purposes of section 667, subdivisions (d) and (e), but declined to give the same treatment to the prior section 288, subdivision (b), conviction because it had been stayed pursuant to section 654 by the court which had sentenced Horn for the priors. The trial court then imposed the midterm of two years in state prison for the section 290 offense, which was doubled to four years pursuant to section 667, subdivision (e)(1).

Both Horn and the People have appealed.

Statement of Facts

Trial Evidence

On November 19, 1989, Horn was convicted of forcible…