California v. Clark
Annotate this CaseDefendant-appellant Kejuan Clark was convicted by jury of rape, forced oral copulation, false imprisonment, first degree burglary, and robbery in concert inside an inhabited dwelling. The jury found true the allegations that (1) the rape and forced oral copulation were committed during the burglary; (2) during the burglary, a person other than an accomplice was present in the residence; and (3) the false imprisonment, burglary, and robbery were committed in association with a criminal street gang with the specific intent to assist criminal conduct by gang members. Defendant admitted a prior strike conviction and committing the charged “felony offenses while released from custody prior to the judgment becoming final on the primary offense.” The trial court sentenced defendant to prison for a determinate term of 20 years plus an indeterminate term of 90 years to life. The Court of Appeal directed the trial court to amend the indeterminate abstract of judgment to reflect the statute in Count 5 was Penal Code section 288a(c)(2)(A), and send the amended abstract of judgment to the appropriate agency/agencies. In all other respects, the judgment was affirmed.
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