People v. Knox

*760 Opinion

Phillip Ramon Knox appeals his conviction by jury trial of two counts of oral copulation by force or fear (Pen. Code, 2 § 288a, subd. (c)) (counts 1 and 4), two counts of sodomy by force or fear (§ 286, subd. (c)) (counts 3 and 5), and penetration with a foreign object (§ 289) (count 2) against victim A; oral copulation by force or fear (count 9), penetration with a foreign object (count 6), and sodomy by force or fear (count 8) against victim B; and oral copulation by force or fear against victim C (count 10). The jury also found that appellant personally used a firearm in committing the offenses. (§ 12022.3.)

Appellant raises claims of instructional and sentencing error. The People contend, and appellant appears to concede, that the court erred in failing to impose a mandatory consecutive sentence on count 10.

Background

Incident Involving Victim, A

On May 16, 1995, appellant solicited 16-year-old victim A, a prostitute, who agreed to oral copulation and vaginal intercourse in exchange for $40. Appellant drove her to a secluded wooden shed, put a gun to her head and forcefully digitally penetrated her anus. He then ordered her to twice orally copulate him and…