P. v. Tafoya
A jury convicted defendant Phillip Michael Tafoya of two counts of forcible rape (Pen. Code, 261, subd. (a)(2); hereafter, undesignated section references are to the Penal Code), one count of kidnapping ( 207, subd. (a)), one count of digital penetration ( 289, subd. (g)), three counts of false imprisonment ( 236), four counts of rape by threat of authority ( 261, subd. (a)(7)), and one count of petty theft ( 484, subd. (a)). Defendant was sentenced to a prison term of 47 years eight months to life. On appeal, defendant contends: (1) his conviction for rape by threat of authority against Krystal L. (count nineteen) was not based on sufficient evidence; (2) his convictions for felony false imprisonment were not based on sufficient evidence; and (3) the trial court erred in sentencing him to two consecutive terms of 15 years to life under section 667.61. Court affirm the judgment but ensure the correction of two clerical errors in the abstract of judgment.Defendants convictions arose out of several incidents involving five different women, four of whom admitted to having been working as prostitutes when defendant raped them. Court set out the pertinent facts as we address each issue.
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