People v. Luna

Opinion

FYBEL, J.

L

Introduction

A jury convicted Jorge Luna of one count of kidnapping (Pen. Code, § 207, subd. (a) [count l]),1 one count of rape (§ 261, subd. (a)(2) [count 2]), and one count of aggravated assault (§ 245, subd. (a)(1) [count 3]). As to count 2, the jury found true the allegation Luna kidnapped the victim “in the commission of’ rape pursuant to section 667.61, subdivisions (b) (section 667.61(b)) and (e)(1) (section 667.61(e)(1)). Based on the jury’s true finding, the trial court sentenced Luna to prison for an indeterminate term of 15 years to life on count 2 pursuant to…