Wilson

People v. Wilson

Caution
135 Cal. App. 3d 343·185 Cal. Rptr. 498·1982 Cal. App. LEXIS 1911
Court of Appeal of CaliforniaAugust 25, 1982Crim. 5033California4,274 words

Opinion

Opinion

Franson, J.

Appellant appeals his convictions after pleading guilty to rape in concert in violation of former Penal Code section 261, subdivisions (2) and (3), sodomy in concert in violation of section 286, subdivision (d), and oral copulation in violation of section 288a, subdivision (c). Appellant was sentenced to a principal term of nine years, the upper base term for sodomy, and to full, separate and consecutive terms of six years each for the rape and oral copulation convictions pursuant to section 667.6, subdivision (c).

For the reasons to be explained, we hold the trial court was required to state reasons for imposing consecutive sentences and, further, was re quired to separately state reasons for sentencing appellant under section 667.6, subdivision (c), in lieu of section 1170.1, subdivision (a). Accordingly, the matter is remanded with directions for resentencing.

The Evidence

On February 12, 1980, Michael Simpson and appellant visited Louise, the victim, at her apartment in Fresno. Louise had met appellant for the first time earlier that day and had seen Simpson around her apartment complex. When appellant and Simpson came to Louise’s front door and asked to come in,…

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