P. v. Ramsey
This court previously affirmed defendants convictions of first degree burglary (Pen. Code, 459count 1), first degree robbery ( 211/212.5counts 2 and 3), and forcible rape perpetrated in the course of a burglary ( 261, subd. (a)(2), 667.61, subd. (e)(2)count 4).[2] We remanded the case to the trial court, however, for resentencing, finding that the trial court had erred by imposing an indeterminate life term and a determinate term for the rape offense. The trial court resentenced defendant and defendant appeals from that sentence; his counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) The trial court resentenced defendant on March 26, 2008, to the following term: an indeterminate term of 15 years to life on count 4, plus a consecutive determinate term of five years (calculated as follows: the midterm of four years on count 3, plus one year for the enhancement for use of a deadly weapon pursuant to section 12022, subdivision (b)(1)). On count 2, the court sentenced defendant to one third the midterm (16 months) to run concurrently. On count 1, the court sentenced defendant to one third the midterm, or 16 months, to run concurrently, and ordered that sentence stayed pursuant to section 654. The judgment is affirmed.
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