P. v. Silva
Filed 8/16/06 P. v. Silva CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. AARON JOSEPH SILVA, Defendant and Appellant. | H029209 (Santa Clara County Super. Ct. No. BB050943) |
Defendant Aaron Joseph Silva was sentenced to life in prison after the trial court found him guilty of kidnapping to commit rape (Pen. Code, § 209, subd. (b), count 1),[1] false imprisonment by violence (§§ 236, 237, count 2), and assault with intent to commit rape (§ 220, count 3). Defendant's sentence includes the term of life with the possibility of parole for count 1 and concurrent terms of two years and four years for counts 2 and 3.
On appeal defendant argues that the evidence was insufficient to support the trial court's determination that he was competent to stand trial, that he was sane at the time he committed the offense, and that he had formed the specific intent to rape the victim. Defendant also argues that the terms for counts 2 and 3 should have been stayed pursuant to section 654. Only defendant's final argument has merit. Accordingly, we modify the judgment to stay the terms for counts 2 and 3 and affirm the judgment as modified.
I. Facts
A. The Crime
On October 23, 2000, Jane Doe was jogging along a residential street in Los Altos. As she approached a van parked on the side of the road, she saw the driver's door open and she swerved out of the way to pass by. Just then defendant got out of the van and grabbed Doe by the arm and the waist, dragged her around to the opposite side of the van, pulled open the van's sliding door, and threw Doe inside. After closing the door behind him defendant lay on top of Doe, pinning her face down on the floor of the van. Doe kicked and screamed and pleaded with defendant not to kill her. She offered defendant her wedding rings. Defendant told her he was not going to kill her; he did not want the rings; he â€
