People v. Neal

Opinion

PANELLI, J.

A jury found Alvester Leonard Neal guilty of rape (Pen. Code, § 261, subd. (3) 2 ), oral copulation (Pen. Code, § 288a 3 ), burglary (§ 459) and robbery (§ 211), and found the allegations of deadly weapon use (§ 12022, subd. (b)) appended to each offense to be true. On appeal he claims numerous sentencing errors. Although we find that his contentions lack merit, we do remand the case for resentencing pursuant to People v. Belmontes (1983) 34 Cal.3d 335 [193 Cal.Rptr. 882, 667 P.2d 686].

The evidence shows that appellant approached the victim, Mrs. L., as she was outside her…