Collins
People v. Collins
Opinion
Opinion
Larry D. Collins appeals the sentence in the judgment of conviction entered on his plea of guilty. (Pen. Code, § 1237.5; Cal. Rules of Court, rule 31(d).) [1] We conclude the Sentencing Rules for the Superior Courts (rule 403 et seq., adopted by the Judicial Council eff. July 1, 1977) apply to sentences for sex offense convictions under section 667.6. We hold the court here failed to give adequate reasons for imposing consecutive sentences for those offenses and therefore remand for resentencing.
During a two to three hour period Collins and another man committed numerous forcible sex offenses against Sharon C. Collins was charged with six counts of rape in concert (§§ 261, subd. (2), 264.1), six counts of oral copulation in concert (§ 288a, subd. (d)), one count of sodomy in concert (§ 286, subd. (d)) and one count of robbery (§ 211). Knife use allegations accompanied each count (§§ 12022, subd. (b), 12022.3, subd. (a)).
Collins pleaded guilty to one count of rape in concert with use of a knife and one count of oral copulation in concert in exchange for a dismissal of the remaining counts. The court sentenced Collins to twenty-one years: the upper term of…