P. v. McClain
A jury found defendant Robert Avery McClain guilty of aggravated mayhem (Pen. Code, § 205; all further statutory references are to this code; count 1); torture (§ 206; count 2), forcible oral copulation (§ 288a; count 3); attempted sexual penetration by a foreign object by force (§§ 289, subd. (a)(1), 664; count 4); spousal rape by force (§ 262, subd. (a)(1); count 5); sodomy by force (§ 286, subd. (c)(2); count 6); false imprisonment as a lesser included offense of kidnapping to commit a sex offense (§ 236; count 7); and inflicting injury on a spouse resulting in traumatic injury (§ 273.5, subd. (a); count 8). It also found true allegations he personally used a knife and firearm in committing count 1, a knife in committing count 2, a firearm in committing counts 3, 4, 5, and 6, and that in committing count 8, he personally inflicted great bodily injury.
The court sentenced defendant to two consecutive indeterminate life terms, two consecutive 15 years to life terms, plus an additional 19 years and 8 months. He contends his sentences for aggravated mayhem and false imprisonment should have been stayed under section 654. We conclude no error occurred and affirm the judgment.
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