Hernandez

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1268 OPINION The sky is not completely falling in California after Cunningham v. California (2007) 549 U.S. ___ [ 166 L.Ed.2d 856 , 127 S.Ct. 856 ] (hereafter Cunningham ) changed life as we knew it under the determinate sentencing law (DSL). Cunningham did not address consecutive sentences under the DSL, which, as we will explain, can be imposed based on facts found by the trial court, without violating the Sixth Amendment to the United States Constitution. BACKGROUND A jury convicted defendant Francisco Javier Hernandez of conspiring to manufacture methamphetamine (count I), possessing ephedrine with the intent to manufacture methamphetamine (count II), manufacturing methamphetamine (count III), and possessing methamphetamine for sale (count IV). The jury also found to be true the enhancements alleged pursuant to Health and Safety Code sections 11379.8 , subdivision (a)(3) and 11370.4, subdivision (b)(2).…