P. v. Cortez
Following a jury trial, defendant Rudy A. Cortez was convicted of 23 counts of forcible rape, forcible oral copulation, and forcible sodomy, and five counts of kidnapping to commit another crime.[1] As to each forcible sex crime, the jury found true the special allegations that subjected defendant to the “One Strike†law.[2] (§ 667.61.) Defendant received a sentence of 600 years to life under that law.[3]
In this appeal from the judgment, defendant raises issues of insufficient evidence, instructional error, failure to instruct on lesser included offenses, improper admission of evidence, and cruel and unusual punishment. Although we reject those contentions, we modify the judgment to correct the sentencing errors raised by the Attorney General.
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