P. v. Piceno
A jury convicted defendant Patrick Daniel Piceno of forcible rape (count 1) and elder abuse likely to produce great bodily harm (count 2). It also found true the allegations that defendant had personally inflicted great bodily injury during the rape, had committed the rape against a vulnerable person, and had inflicted great bodily injury on an elder victim. The court sentenced defendant to prison for 15 years to life on count 1 and a consecutive determinate term of eight years on count 2 for a total prison term of 23 years to life. Defendant appeals, contending the sentence on count 2 should have been stayed under Penal Code section 654 (section 654). Court disagree and affirm.
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