People v. Fritz CA3

BACKGROUND

In February 2000, defendant pleaded guilty to unlawful sexual intercourse (§ 261.5). In March 2001, defendant was convicted of attempted forcible rape (§§ 664/261, subd. (a)(2)), forcible oral copulation (former § 288a, subd. (c)(2)), and forcible sodomy (§ 286, subd. (c)(2)). Defendant was sentenced to serve a 15-year eight- month prison sentence for these convictions. He was paroled in May 2014. Thereafter, “[i]n 2015, defendant was convicted by court trial of annoying or molesting a child under 18 with a prior sex crime conviction (count I, § 647.6, subd. (c)(2)), unlawful sexual intercourse with a minor (count II, § 261.5, subd. (c)), and possession of obscene matter (count III, § 311.2, subd. (a)). The trial court also found true three prior strikes based on defendant’s 2001 felony convictions for attempted forcible rape, forcible oral copulation, and sodomy by use of force. (§§ 667.5, subd. (b), 1170.12.) Defendant served the terms for the 2001 convictions consecutively.” (People v. Fritz (July 20, 2016, C079871) [nonpub. opn.] (Fritz), fn. omitted].) “The trial court sentenced defendant as follows: 25 years to life plus three years for the three prior prison…