P. v. Beltran
After a court trial, defendant Marcos Beltran was convicted of forcible spousal rape (Pen. Code, 262, subd. (a)(1); count 1; all further statutory references are to the Penal Code); domestic battery with bodily injury ( 273.5, subd. (a); count 2); making terrorist threats ( 422; count 3); aggravated assault ( 245, subd. (a)(1); count 4); and misdemeanor child abuse ( 273a, subd. (b); count 5). The court also found defendant had two prior felony strikes ( 667, subds. (d), (e)(2)(A), 1170.12, subd. (b)) and a prior serious felony conviction ( 667, subd. (a)(1)). After refusing to strike one of defendants prior strikes, the court sentenced him to 25 years to life on count 1 with concurrent terms of 25 years to life on counts 2, 3, and 4, 6 months in county jail on count 5, and a 5-year consecutive term for the prior serious felony, for a total term of 30 years to life. In all other respects the judgment is affirmed.
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