P. v. Tenner CA4/1
In this case, defendant and appellant Kenneth D. Tenner was convicted of rape (count 1), sexual penetration by force (count 2), and attempted forcible oral copulation (count 3). The trial court sentenced Tenner to the upper term of eight years on count 1, plus a one-year enhancement because the victim was elderly. The trial court stayed sentencing on count 2 and, relying on Penal Code sections 667.6 subdivision (c) and 667.9 subdivision (a), imposed a consecutive term of four years, plus a one-year elderly victim enhancement, on count 3.
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