People v. Wortman

Opinion

DABNEY, J.

A jury convicted defendant Robert Wortman of count 1, forcible rape (Pen. Code, § 261, subd. (a)(2))

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and count 2, forcible oral copulation (§ 288a, subd. (c)). The court found true the special allegations of a prior serious felony conviction (§ 667, subd. (a)) and a second felony conviction for which he had served a prison term (§ 667.5, subd. (b).) The court imposed an eight-year upper term for the rape, a consecutive five-year enhancement for the prior serious felony conviction, a consecutive one-year enhancement for the prior prison term, and a full consecutive eight-year upper term for the oral copulation. The court stayed the enhancements as to count 2.

On appeal, Wortman asserts various sentencing errors. Specifically, he complains that the trial court erred in (1) selecting the maximum term and then reasoning backward to arrive at that sentence; (2) considering bodily harm, vulnerability of the victim, and callousness as factors in aggravation

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as to the rape and increasingly serious convictions as a factor in aggravation as to the oral copulation; and (3) imposing full consecutive sentences without an adequate statement of reasons. The People argue that Wortman waived error at sentencing by failing to object in the trial court.

We reject the argument that sentencing error was waived. We find error in the trial court’s failure to state adequate reasons for imposing full consecutive sentences; therefore, we remand for resentencing.

Facts

Wortman does not raise any contentions that relate directly to the facts of the crimes of which he was convicted. The statement of facts will therefore be abbreviated.

Carolyn K. met Wortman at a party at a bar on Halloween in 1990. They shot pool and conversed with each other, and Carolyn became severely intoxicated. Around midnight, they decided to leave together in his truck to visit other bars. Instead, Wortman drove to a remote area and pulled off the road into the bushes. He then raped Carolyn and forced her to orally copulate him.