P. v. Apodaca
A jury convicted defendant Aaron L. Apodaca of forcible rape and forcible sodomy. (Pen. Code, 261, subd. (a)(2); 286, subd. (c)(2).)[1] The jury found that the sex offenses were committed in the course of the commission of a first degree burglary ( 667.61, subd. (e)(2)), and that defendant personally used a dangerous or deadly weapon in the commission of the sex offenses ( 667.61, subd. (e)(4)). The trial court sentenced defendant to two consecutive sentences of 25 years to life, one for each sex offense.
Defendant raises various challenges to his conviction and sentence. Court reject all but one: the contention that the second consecutive sentence of 25 years to life was not authorized by statute. The Attorney General concedes error on this issue. Accordingly, Court remand for resentencing.
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