Ledesma

*832 A jury convicted Alexander Xavier Ledesma of rape ( Pen. Code, 1 § 261, subd. (a)(2) ; count 1) and kidnapping to commit rape (§ 209, subd. (b)(1); count 2). The jury found true allegations attached to count 1 under California's One Strike Law that Ledesma's kidnapping of the victim substantially increased the risk of harm to her (§ 667.61, subds. (a), (c)(1), *833 (d)(2)) and that Ledesma kidnapped the victim (§ 667.61, subds. (b), (c)(1), (e)(1)). The jury also found true the allegation under section 667.8, subdivision (a) that Ledesma kidnapped the victim to commit a sexual offense. The jury found not true additional allegations that Ledesma personally used a firearm to commit both counts 1 and 2. After the jury rendered its verdict, the court sentenced Ledesma to 25 years to life on count 1 under the One Strike Law. Under section 654 the court stayed the sentences on count 2 and on the remaining allegations related to count 1.

On appeal, Ledesma asserts his conviction must be reversed because both the crime of aggravated kidnapping and the One Strike Law sentence enhancement for aggravated kidnapping are constitutionally defective. Specifically, he argues that under the…