P. v. Shoals
Appellant/defendant Bobby Dial Shoals, Jr., was convicted of multiple felony offenses based on the sexual assault of his former girlfriend. He was sentenced to 13 years plus 120 years to life, based on both the one strike law (Pen. Code,[1] § 667.61) and a second strike (§ 667, subds. (b)-(i)).
On appeal, defendant contends the court should have given the unanimity instruction to the jury, and it was improperly instructed as to whether the testimony of a single witness could support the sexual assault charges. He also contends that part of his sentence should have been stayed pursuant to section 654. We will correct defendant’s sentence and otherwise affirm.
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