People v. Estrada

Opinion

JOHNSON, Acting P. J.

Defendant Mike Estrada was convicted of first degree burglary and forcible rape and sentenced on the rape conviction to 25 years to life under California’s one strike law, Penal Code section 667.61. For the reasons explained below we conclude the trial court erred in not instructing the jury what facts it must find for purposes of the special sentencing allegation under section 667.61 but the error was harmless; the trial court had no discretion to strike the burglary allegation for purposes of sentencing under section 667.61; and defendant’s sentence does not…