P. v. Gonzalez
A jury convicted defendant Jesus Tarelo Gonzalez of kidnapping to commit rape (Pen. Code, § 209, count 1); forcible sexual penetration by a foreign object (id., § 289, subd. (a)(1), count 2); and attempted forcible rape (id., §§ 664, 261, subd. (a)(2)). The trial court sentenced defendant to life on count 1, and stayed the sentence pursuant to Penal Code section 654. The court imposed 25 years to life on count 2, pursuant to Penal Code section 667.61. In addition, the court imposed an eight-year term of imprisonment on count 2. On count 3, the trial court imposed one-third the midterm, or two years, consecutive to count 2. Gonzalez appealed his convictions and sentence, and in an unpublished opinion we concluded that the trial court erred in sentencing defendant to 25 years to life plus eight years on count 2, in addition to two years on count 3. We remanded the case to the trial court for resentencing, but otherwise affirmed defendant’s convictions. (People v. Gonzales (Feb. 9, 2011, B218052) [nonpub. opn.].)
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