P. v. Thompson
Defendant Tristan Thompson appeals from a judgment of conviction entered after a jury trial. The amended information charged a total of 10 counts against defendant. Before trial, the trial court dismissed one count on defendants motion and later dismissed an additional count pursuant to Penal Code[1] section 1118.1. Defendant was convicted of forcible rape ( 261, subd. (a)(2); count 1), forcible oral copulation ( 288a, subd. (c)(2); count 2), second degree robbery ( 211; counts 3, 4 and 5), and carjacking ( 215, subd. (a); count 8). The jury found true the kidnapping special circumstance ( 667.61)[2]on counts 1 and 2 and the firearm use allegation ( 12022.53, subd. (b)) on count 5. The jury found not true the firearm use allegation on count 8. In a bifurcated proceeding, defendant admitted that he had suffered a prior serious or violent felony conviction ( 667, subds. (a), (b)-(i), 1170.12) and served a prior prison term ( 667.5, subd. (b)).
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