Fitch
People v. Fitch
Opinion
Lead Opinion
Puglia, J.
The issue here is whether a firearm use enhancement charged and proved under Penal Code section 12022.5 may be added to each of several full, separate consecutive terms mandated by subdivision (d) of Penal Code section 667.6 for certain sex crimes. We hold that such multiple use enhancements are authorized by subdivision (i) of Penal Code section 1170.1 (all further references to sections of a code are to the Penal Code).
Charged in a fifteen-count felony complaint, defendant entered a negotiated plea of guilty in the municipal court as follows: to four counts of *213 robbery (§ 211, counts I, II, III and V) occurring respectively on November 27 and 28 and December 3 and 15, 1982; to four counts of forcible oral copulation (§ 288a, subd. (c), counts VII, X, XII, and XIV) occurring in a single episode on December 9, 1982, but each involving a separate victim within the meaning of section 667.6, subdivision (d). Defendant also admitted using a firearm in the commission of all of the above offenses with the exception of the robbery in count I. (§ 12022.5.)
Defendant was sentenced in the superior court as follows: for the robbery in count III, designated the principal term,…
Concurring Opinion
Blease, J.
I concur in the judgment of the court that subdivision (i) of Penal Code section 1170.1 reverses the rule of In re Culbreth (1976) 17 Cal.3d 330 [ 130 Cal.Rptr. 719 , 551 P.2d 23 ] as it applies to the offenses listed therein because that is what is strongly suggested in People v. Cardenas (1982) 31 Cal.3d 897, 913-914 [ 184 Cal.Rptr. 165 , 647 P.2d 569 ].
A petition for a rehearing was denied September 12, 1985, and appellant’s petition for review by the Supreme Court was denied October 31, 1985.
Opinion
[Opinion certified for partial publication. [*] ]
OPINION
PUGLIA, P.J.
The issue here is whether a firearm use enhancement charged and proved under Penal Code section 12022.5 may be added to each of several full, separate consecutive terms mandated by subdivision (d) of Penal Code section 667.6 for certain sex crimes. We hold that such multiple use enhancements are authorized by subdivision (i) of Penal Code section 1170.1 (all further references to sections of a code are to the Penal Code).
Charged in a fifteen-count felony complaint, defendant entered a negotiated plea of guilty in the municipal court as follows: to four counts of robbery (§ 211, counts I, II, III and V) occurring respectively on November 27 and 28 and December 3 and 15, 1982; to four counts of forcible oral copulation (§ 288a, subd. (c), counts VII, X, XII, and XIV) occurring in a single episode on December 9, 1982, but each involving a separate victim within the meaning of section 667.6, subdivision (d). Defendant also admitted using a firearm in the commission of all of the above offenses with the exception of the robbery in count I. (§ 12022.5.)