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P. v. Cabada
Defendant, Robert Cabada, was charged with aggravated kidnapping (Pen. Code, 209, subd. (b)(1);[1]count 1), forced oral copulation ( 288a, subd. (c)(2); count 2), and criminal threats ( 422; count 3). The jury found defendant guilty as charged on all three counts and found he used a deadly or dangerous weapon in the commission of counts 1 and 2. ( 12022, subd. (b)(1), 12022.3, subd. (a).) The jury also found true several one-strike circumstances regarding count 2, namely, simple kidnapping, aggravated kidnapping, and dangerous weapon use. ( 667.61, subds. (d)(2), (e)(1) & (4).) Defendant was sentenced to an aggregate prison term of 26 years to life, calculated as follows: (1) 25 years to life on count 2; (2) a concurrent term of seven years to life on count 1; (3) a consecutive term of one year for the section 12022, subdivision (b)(1) enhancement on count 1; and (4) a concurrent term of two years on count 3. Defendant appeals.


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