P. v. Garcia
Following an hours-long attack on two high school-aged victims, a jury found Miguel S. Garcia guilty of four counts of forcible rape, one count of sodomy by force, two counts of forcible oral copulation, two counts of sexual penetration by foreign object, two counts of robbery, one count of false imprisonment by violence, and one count of criminal threats, with findings that he personally used a firearm on all 13 counts. The trial court sentenced Garcia to an indeterminate term of 25 years to life on one rape count, plus consecutive upper terms on the remaining sex crimes, plus consecutive one-third the middle base terms on the four nonsex crimes, resulting in an aggregate determinate term of 168 years 8 months. We affirm all of Garcias convictions, but find a violation of Penal Code section 654 in imposing consecutive sentences on counts 12 and 13, and that his indeterminate term must be 15 years to life, rather than 25 years to life. Court remand the cause to the trial court with directions to modify Garcias sentence to reflect the noted sentencing adjustments, and, as modified, affirm the judgment.
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