P. v. Hayes
Defendant Clarence Joseph Hayes was convicted after a jury trial of burglary (count one), two counts of rape (counts two and five), penetration by foreign object (count three), forcible oral copulation (count four), and robbery (count six). The jury also found he had committed the rapes during the commission of a burglary and that he bound or tied the victim during the forcible oral copulation. The trial court found true a prior strike conviction for rape in 1988.
In an earlier appeal, Court reversed the trial courts finding that a prior 1982 conviction for robbery constituted a strike based on insufficiency of evidence and remanded for retrial on the strike. In all other respects, the judgment was affirmed. (People v. Hayes (July 1, 2002, C032730) [nonpub. opn.].) The prosecution elected not to retry the strike on remand and defendant was resentenced.
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