P. v. Ellison
Defendant Phillip Ellison was charged with premeditated murder committed during the commission or attempted commission of rape (Pen. Code, §§ 187, 190.2, subd. (a)(17)(C); count 1) and attempted forcible rape (id., §§ 261, subd. (a)(2), 664; count 2). He was further alleged to have suffered a prior serious felony conviction under the “Three Strikes†law. (Id., §§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e).) His first trial ended in a mistrial prior to opening statements. Following a second trial, a jury convicted him as charged and found the prior conviction allegation to be true. The People having elected not to seek the death penalty, defendant was sentenced to prison for a total unstayed term of life without the possibility of parole. On appeal, he raises claims of insufficient evidence, and trial and sentencing error. For the reasons that follow, we affirm.
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