Price

This appeal presents several complex sentencing issues arising from multiple convictions for both violent sex offenses and nonsex offenses. In the published portion of the opinion, we hold that the same fact may not be used to both impose an upper term and to justify full, separate and consecutive (full-force consecutive) sentences under Penal Code section 667.6, subdivision (c). Also, a single factor in aggravation, if applicable to each of several offenses, may be used to justify selection of the upper term as to each provided the fact is reasonably related to each offense. We further hold that where a weapon is used in each of several violent sex offenses, the trial court need not impose the enhancement to each conviction and may not so impose an enhancement if the weapon use is utilized for aggravation purposes. Finally, we reemphasize that the harsher sentencing provisions of Penal Code section 667.6, subdivisions (c) and (d) are not “enhancements” such as must be pleaded in the information pursuant to section 1170.1, subdivision (e).

Defendant appeals his conviction following court trial of the following violations of the Penal Code: (count one) section 261,…