People v. McElrath

Opinion

LEWIS, J.

Roy Derrick McElrath appeals his jury-tried convictions for two counts of forcible rape (Pen. Code,1 § 261, subd. (2)), forcible sodomy (§ 286, subd. (c)) and forcible oral copulation (§ 288a, subd. (c)). The jury found he inflicted great bodily injury in all the above offenses (§ 12022.8) and McElrath used a deadly weapon during one of the rapes (§ 12022.3, subd. (a)). The jury also convicted McElrath of first degree burglary (§§ 459-460) and robbery in an inhabited house with his personal use of a deadly weapon (§§ 211, 213.5, 12022, subd. (b)). The jury convicted McElrath…