People v. Laurel CA6

Filed 11/5/13 P. v. Laurel CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039164 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC948611)

v.

DOMINGO LAUREL,

Defendant and Appellant.

This case comes before this court for a second time; it follows this court's remand for resentencing in appellant's prior appeal H036416.1 A jury found appellant Domingo Laurel guilty of one count of forcible rape (Pen. Code, § 261, subd. (a)(2), count one), one count of kidnapping (§ 207, subd. (a), count two),2 one count of assault with a deadly weapon (§ 245, subd. (a), count three), and one count of criminal threat (§ 422, count four). As to count one, the jury found true the allegations that appellant kidnapped the victim and kidnapped the victim increasing the risk of harm.3 As to counts two and three, the jury found true the allegation that appellant

1 On June 5, 2013, we granted appellant's request to take judicial notice of the opinion in appellant's prior appeal. 2 All unspecified section references are to the Penal Code. 3 The jury found not true the allegation that in the commission of the rape, appellant personally used a dangerous and deadly weapon.

personally used a deadly or dangerous weapon during the commission of the offenses. The court sentenced appellant to 25 years to life in state prison.4 Appellant filed a timely notice of appeal on December 15, 2010. On May 25, 2012, this court issued a written opinion in which we held that the two-year sentence imposed by the trial court for the assault with a deadly weapon charge should have been stayed pursuant to section 654. Since the trial court had selected the sentence on this count as the principal term, we remanded the matter for resentencing. On remand, on November 7, 2012, the trial court sentenced appellant to an indeterminate term of 25 years to life for count one. However, the court also imposed an indeterminate term of 15 years to life, which the court stayed pursuant to section "667.61(f) . . . and California Rule of Court 4.447." The trial court noted that the stay would "become permanent on defendant's service of the 25-to-life term, under section 667.61(A) and (D) of the Penal Code." In addition, the court sentenced appellant to four years for the kidnapping, consisting of the mitigated term of three years plus one year for the deadly weapon enhancement. This sentence was stayed pursuant to section 654. As to the assault with a deadly weapon count, the court imposed the mitigated term of two years, stayed pursuant to section 654 as mandated by this court's opinion in the prior appeal. For the criminal threats count, the court imposed the mitigated term of one year four months, to run concurrently with the 25 years to life sentence on count one. Appellant filed a timely notice of appeal.