Brewer

*476 INTRODUCTION

At the conclusion of a court trial, Jeremiah Charlie Brewer (defendant) was convicted of sexual penetration by force ( Pen. Code, § 289, subd. (a)(1)(A) ; count 1), assault with intent to commit rape or forcible sexual penetration during the commission of first degree burglary ( id ., § 220, subd. (b); count 2), and kidnapping to commit rape or forcible sexual penetration ( id ., § 209, subd. (b)(1); count 3). The court found true allegations in count 1 that defendant substantially increased the risk of harm to the victim inherent in the offense by kidnapping her ( id ., § 667.61, subds. (a), (d)(2)), committed the offense during the commission of first degree burglary with the intent of committing sexual penetration by force ( id ., § 667.61, subds. (a), (d)(4)), and kidnapped the victim to accomplish the offense ( id ., § 667.61, subds. (b), (e)(1)). Defendant was sentenced to an unstayed term of 25 years to life in prison.

In our original unpublished opinion, we held: (1) There was sufficient evidence defendant substantially increased the risk to the victim within the meaning of Penal Code sections 209, subdivision (b)(1), and 667.61, subdivision (d)(2) by…