What are the consequences of a conviction for forcible oral copulation?

After being found guilty of forcible oral copulation and assault with a deadly weapon, he was sentenced to a total of 19 years. He received a midterm three-year sentence for assault with a deadly weapon and an additional two years for forcible oral copulation (one-third of the midterm), imposed consecutively. This five-year sentence was doubled under the "Three Strikes" law and two enhancements were added to it: five years pursuant to Penal Code section 667, subdivision (a)(1) and four years for inflicting great bodily injury under circumstances involving domestic violence. Appellant asked the trial court to dismiss his previous strike under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). The court denied this motion due to the seriousness of his current crime and his criminal history. He appeals from that ruling.

Appellant contends his 12-year-old strike should be dismissed because of the strike's age, and his current offense was drug induced and out of character. We review the trial court's refusal to dismiss appellant's strike for abuse of discretion (Romero, supra, 13 Cal.4th 497). "[I]n reviewing such a ruling [we] must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme's spirit, in whole or in part." (People v. Williams (1998) 17 Cal.4th 148, 161.)