Alvarado

I. Introduction

Penal Code section 667.61, 1 commonly known as the “One Strike” law (People v. Rayford (1994) 9 Cal.4th 1, 8 [ 36 Cal.Rptr.2d 317 , 884 P.2d 1369 ]), mandates indeterminate life terms for those who, among other things, commit a rape “during the commission of a burglary.” (§ 667.61, subds. (b) & (e)(2).) 2 In this case, we hold that the phrase “during the commission of a burglary” includes the period of time that a burglar remains on the premises after entry and extends until the burglar has reached a place of temporary safety.

*184 II. Statement of the Case

A jury convicted defendant Carlos Henry Alvarado of residential burglary, residential robbery, false imprisonment, and forcible rape and also found that the rape victim was elderly and that the rape occurred during the commission of a burglary. The court imposed a 15-year-to-life term for the rape, a consecutive and an aggravated term of six years for the robbery with a one-year enhancement because the victim was elderly. The court stayed the sentences imposed for residential burglary and false imprisonment under section 654.

On appeal from the judgment, defendant claims there was insufficient…