P. v. Pacheco
Defendant was charged with forcible rape (Pen. Code, 261, subd. (a)(2); count 1);[1]sexual penetration with a foreign object ( 289, subd. (a)(1); count 2); forcible sodomy ( 286, subd. (c)(2); count 3); forcible oral copulation ( 288a, subd. (c)(2); count 4); and kidnapping to commit rape ( 209, subd. (b)(1); count 5). The information charged counts 1 through 4 under the one strike sentencing law, alleging that defendant kidnapped the victim in a manner substantially increasing her risk of harm. ( 667.61, subd. (d)(2).) It also alleged two strike priors, based on defendants prior convictions for robbery. ( 667, subds. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A).)
A jury convicted defendant of the sexual offenses but found him not guilty of kidnapping and found the kidnapping allegation not true. It convicted him of the lesser offense of felony false imprisonment. Defendant admitted the prior conviction allegations. The court sentenced defendant to five consecutive terms of 25 years to life. Defendant filed a timely notice of appeal.
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