P. v. Cruz
Conrado[1]DeLaRosa Cruz (appellant) was charged with various offenses against four separate victims. Following a jury trial, appellant was convicted of one count of attempted forcible rape (Pen. Code, 664, 261, subd. (a)(2); count 1),[2]two counts of forcible rape ( 261, subd. (a)(2); counts 2 & 6), one count of attempted forcible sodomy ( 664, 286, subd. (c); count 4), three counts of assault with a deadly weapon ( 245, subd. (a)(1); counts 5, 8 & 11), one count of kidnapping to commit rape ( 209, subd. (b)(1); count 7), one count of simple assault ( 240; count 9), one count of attempted kidnapping ( 664, 207, subd. (a); count 10), and one count of assault with intent to commit rape ( 220; count 12). The jury found true the following aggravating circumstances: the use of a deadly weapon ( 12022.3, subd. (a); counts 1 & 4), multiple victims and the use of a deadly weapon ( 667.61, subds. (a), (b), & (e); count 2), multiple victims, kidnap of the victim and movement which increased the risk of harm to the victim ( 667.61, subds. (a), (b), (d), & (e); count 6), and use of a deadly weapon ( 12022, subd. (b)(1); count 10).
On appeal, we agree with appellants contentions that the trial court erred when it imposed an incorrect sentence for an enhancement and that several corrections need to be made to the abstracts of judgment. court disagree with appellants claim that his conviction of kidnapping to commit rape in count 7 was a lesser included offense of forcible rape in count 6. In all other respects, the judgment is affirmed.
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