P. v. Ware
Following convictions for forcible rape and residential burglary, defendant Johnny Martin Ware was sentenced to 25 years to life for the forcible rape under the one strike law. (Pen. Code, § 667.61, subds (b), (d)(4).) He claims this sentence must be reduced to 15 years to life because, although the jury found he committed the forcible rape during the commission of a burglary, justifying a 15-year-to-life sentence (Pen. Code, § 667.61, subds. (b), (e)(2)), the jury was not asked to determine and did not find he intended to commit the forcible rape when he entered the victim’s residence, the finding necessary to justify the 25-year-to-life sentence (Pen. Code, § 667.61, subds. (b), (d)).[1] We agree, and reduce defendant’s sentence for forcible rape from 25 to 15 years to life. Defendant raises one other claim of error—that the trial court did not have authority to order him to pay a $79.86 booking fee within 365 days of his release from local custody. (Gov. Code, § 29550.1.) We reject this claim and affirm the judgment in all other respects.
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