P. v. Mack
Defendant appeals from the judgment entered following a jury trial in which he was convicted of forcible rape, during the commission of which he used a knife. The conviction arose from an incident in which defendant raped Julia D. on June 25, 2005, while the two were at the entryway of a building in Los Angeles. The information further alleged that defendant had previously been convicted of a felony within the meaning of Penal Code sections 667.61, subdivision (b) (the "One Strike" law), 667, subdivisions (b) (i) (the "Three Strikes" law), and 667, subdivision (a)(1).The finding that defendant suffered a prior felony conviction is reversed and the matter is remanded for further proceedings on the allegation of the prior conviction. In all other respects, the judgment is affirmed.
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