P. v. Parker
Micah Johnell Parker was convicted by jury of forcible rape (Pen. Code, § 261, subd. (a)(2) - count 1),[1] false imprisonment by violence (§ 236 - count 2), assault with intent to commit a felony (§ 220, subd. (a) - count 3), criminal threats (§ 422 - count 4) and sexual battery by restraint (§ 243.4, subd. (a) - count 5).
The trial court imposed an aggregate term of 12 years 4 months in state prison, consisting of the mid-term of 6 years as to count 1; 8 months (one-third the mid-term) as to count 2; the mid-term of 4 years as to count 3; 8 months (one-third the mid-term) as to count 4; and one year (one-third the mid-term) as to count 5. Appellant contends that the trial court erred by imposing consecutive sentences on counts 1 and 3 and that it erred by instructing the jury with CALCRIM No. 1190, providing that the testimony of a complaining witness can support a conviction for a sexual assault crime. We affirm.
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