Riffey

In this appeal we decide whether Penal Code section 667.6, subdivision (c), may be applied to impose full consecutive terms without an adjudication by the jury that defendant’s criminal conduct falls within the express provisions of that sentencing provision. We hold that it may not.

A jury convicted defendant of kidnaping (count I; Pen. Code, § 207), assault with a deadly weapon (count IV; Pen. Code, § 245, subd. (a)), three counts of forcible oral copulation (counts V, VI, and VII; Pen. Code, § 288a, subd. (c)), and two counts of forcible rape (counts IX and X; Pen. Code, § 261, subd. (2)). The jury also found defendant used a knife in the kidnaping (Pen. Code, § 12022, subd. (b)) and committed each of the sex offenses while armed with a knife (Pen. Code, § 12022.3, subd. (b); all further references to sections of an unspecified code are to the Penal Code). The court imposed sentences upon count IV (felonious assault) and count I (kidnaping) enhanced by one year for use of a knife and then stayed these terms under section 654. For the remaining convictions defendant was sentenced to state prison for a term of forty-five years, consisting of upper terms of eight years…