P. v. Gutierrez
Defendant Hector Gutierrez appeals from the judgment entered following his conviction by a jury of forcible rape, forcible oral copulation, assault with a deadly weapon, and first degree burglary. (Pen. Code, 261, subd. (a)(2), 288a, subd. (c)(2), 245, subd. (a)(1), 459.) He was found to have committed the sex offenses while in the course of a residential burglary and with the use of a knife. ( 667.61, subds. (a), (d), and (e)(4), 12022.3, subd. (a).) After denying defendants motion for new trial, the court sentenced him to the mandatory term of 25 years to life for the rape conviction and a consecutive determinate term of seven years, consisting of three years for the assault with a deadly weapon conviction and four years for the use of the knife. Sentence on the two remaining counts, forcible oral copulation and first degree burglary, was stayed pursuant to section 654.
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