P. v. Thomas
A jury convicted Archie Lee Thomas of residential burglary (Pen. Code,[1] 459, 460), count 1; assault with intent to commit rape ( 220), count 2; attempted forcible rape ( 664, 261, subd. (a)(2)), count 3; five counts of forcible rape ( 261, subd. (a)(2)), counts 4, 6-7, 9-10; rape with a foreign object with use of force ( 289, subd. (a)(1)), count 5; and forcible oral copulation ( 288a, subd. (c)(2)), count 8. The jury also found the forcible sex offenses were committed during the commission of a burglary within the meaning of the "one strike" law. ( 667.61, subds. (a), (c), (d).) The court sentenced Thomas to a determinate term of 55 years, followed by an indeterminate term of 25 years to life in prison.
Thomas appeals his conviction, contending (1) the court improperly denied his pre-trial motion for self-representation, (2) the court erroneously admitted irrelevant and prejudicial evidence from the victim, (3) the court's imposition of upper term sentences in counts 1 and 5 through 10 violated his Sixth and Fourteenth Amendment rights and (4) the court incorrectly imposed on him a "direct victim" restitution fine payable to the El Cajon Police Department.
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