Penalty example for forcible rape and kidnapping in california
A jury found appellant guilty of two counts of forcible rape (Pen. Code, 261, subd. (a)(2); counts 1 & 2), kidnapping with intent to rape (former Pen. Code, 208, subd. (d); count 3), sexual battery (Pen. Code, 243.4, subd. (a); count 4), and robbery (Pen. Code, 211; count 5).
With respect to the count 1 rape, the jury found true special allegations that appellant kidnapped the victim and that the movement of the victim substantially increased the risk of harm to her ( 667.61, subd. (d)(2)), and that appellant tied or bound the victim during the commission of the rape ( 667.61, subd. (e)(6)).
With respect to the count 2 rape, the jury found true a special allegation that appellant kidnapped the victim for the purpose of committing the rape ( 667.8).
After the jury returned its verdict finding appellant guilty as charged on all five counts, appellant admitted a special allegation that he had incurred a prior conviction within the meaning of California's "Three Strikes" law ( 667, subds. (b)-(i), 1170.12).
His prior conviction ( 667, subd. (d), 1170.12, subd. (b)) commonly referred to as a strike, was a 1991 juvenile adjudication that he had committed a robbery ( 211).
The court sentenced appellant to 25 years to life on count 1, plus a five-year enhancement for the 1991 juvenile adjudication.
Appellant also received: 16 years on count 2, plus a nine-year section 667.8 enhancement, to be served concurrently with the count 1 sentence; 22 years on count 3, stayed pursuant to section 654; eight years on count 4, to be served concurrently with the count 1 sentence; and 10 years on count 5, again to be served concurrently with the count 1 sentence.
Appellant's total unstayed term was thus 30 years to life.