People v. Chapman

Opinion

JANES, J.

A jury convicted defendant of unlawful sexual intercourse (count one—Pen. Code, § 261.5 1 ) and assault by means of force likely to produce great bodily injury (count two—§ 245, subd. (a)), as charged in the third amended information. The verdict on the first count included the juiy’s recommendation that punishment be by imprisonment in state prison (§ 264). The same jury subsequently found that defendant was sane at the time each offense was committed. Sentenced to state prison for each offense (the sentences to be served consecutively), defendant appeals from the judgment.

Def…