People v. Gonzalez CA2/2

DISCUSSION

The Trial Court Did Not Err in Imposing Concurrent Sentences on Counts 1 and 2 Rather Than Staying the Sentence on Count 2 Under Section 654 A. Relevant proceedings In his sentencing memorandum, appellant asserted the punishment on count 1 or 2 must be stayed under section 654, making his maximum exposure six years in state prison. At the sentencing hearing, the trial court disagreed, stating that appellant’s maximum possible sentence was 12 years, because he could be sentenced to consecutive six-year terms on counts 1 and 2. Citing People v. Harrison (1989) 48 Cal.3d 321 (Harrison), the trial court explained that section 654 does not apply where multiple sex offenses are committed against a single victim in quick succession, as was the case here. Appellant argued that People v. White (2017) 2 Cal.5th 349 (White) was more relevant because it presented “virtually the identical [factual] situation” as the instant case. In that case, our Supreme Court held that defendant could be convicted of rape of an intoxicated person (§ 261, subd. (a)(3)) and rape of an unconscious person (§ 261, subd. (a)(4)(A)) based on the same act, but could not be punished for both offenses.…