People v. Smith

Opinion

THE COURT. *

In Kern County Superior Court action No. 23158, appellant was convicted after jury trial of forcible rape and being an ex-felon in the possession of a firearm. A jury found that appellant had used a firearm in the commission of the rape. In Kern County Superior Court action No. 23290, consolidated for trial with action No. 23158, appellant was convicted of a separate count of being an ex-felon in possession of a firearm. Appellant admitted having served two prior prison terms. The trial court sentenced appellant to prison for the eight-year upper base term plus the two-year…