People v. Newton

Defendant was charged, in three counts, with (count I) burglary in violation of section 459 of the Penal Code, (count II) rape in violation of subdivision (3) of section 261 of the Penal Code, and (count III) robbery in violation of section 211 of the Penal Code. He pled not guilty; after a jury trial, he was found guilty on all three counts, the jury fixing the degree of burglary as first degree. The trial court found that a deadly weapon was used in the commission of each of the offenses, that defendant was personally armed with a deadly weapon in the perpetration of each offense and that…