Cook

Appellant Terry Ray Cook was charged with four counts of solicitation to commit murder. (Pen. Code, § 653f, subd. (b).) After submitting the matter on the preliminary examination transcript, he was found guilty as charged. He received consecutive sentences of one year and four months on each count, with the final four months stayed pursuant to Penal Code section 1170.1, subdivision (a). These sentences were also consecutive to a term appellant is currently serving. Appellant’s primary contention is that the evidence establishes that he committed only one offense, not four. In the alternative, he argues that the imposition of consecutive sentences violates Penal Code section 654.

While appellant was in jail, he asked a cellmate, Dwight Abbot, to kill four people when Abbot was released, in exchange for a “couple thousand dollars” and a Mustang automobile. He asked Abbot to kill a young rape victim of appellant’s, whom he wanted killed because she had testified against him. Appellant also wanted Abbot to rape and torture her and tell her why she was being killed. He asked Abbot to kill her parents, because they did not prevent her from testifying against him. Finally, he…