P. v. Arroyo
Appellant Leonel Arroyo appeals from a judgment entered after a jury convicted him of count 1, the lesser included crime of kidnapping (Pen. Code,[1] § 207, subd. (a));[2] count 3, oral copulation of an unconscious person (§ 288a, subd. (f)); count 4, sodomy of an unconscious person (§ 286, subd. (f)); count 5, oral copulation of an unconscious person (§ 288a, subd. (f)); count 6, rape of an unconscious person (§ 261, subd. (a)(4)); count 7, rape of an unconscious person (§ 261, subd. (a)(4)); and count 8, the lesser included crime of assault (§ 240).[3] Appellant was acquitted of count 2, rape of an unconscious person (§ 261, subd. (a)(4)).
The trial court selected kidnapping, count 1, as the principal term and sentenced appellant to the midterm of five years on count 1. On counts 3, 4, 5, 6 and 7 the court imposed consecutive midterm sentences of two years each, and on count 8 a concurrent term of six months.
Court modify the judgment to stay execution of sentence on count 8 and otherwise affirm.
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