Groves

A jury convicted appellant Brandon E. Groves of two counts each of forcible oral copulation, kidnapping and carjacking, all committed in 1999. (See Pen. Code, §§ 207, subd. (a), 215, subd. (a); see also former § 288a, subd. (c)(2), as amended by Stats. 1998, ch. 936, § 5.) He appealed his conviction and his initial sentence of 59 years to life in state prison. We affirmed the underlying conviction, but reversed a sentence of 25 years to life and remanded for resentencing. (People v. Groves (Oct. 26, 2001, A090570) [nonpub. opn].)

In March 2002, Groves was resentenced to a total term of 42 years to life in state prison. He received an indeterminate term of 25 years to life for one count of oral copulation. (See §§ 667.61, subd. (d)(2).) He was also sentenced to serve a 17-year determinate term—a consecutive eight-year aggravated term for the second count of oral copulation and a consecutive upper term of nine years for carjacking. Sentences for other offenses were stayed to avoid multiple punishment. (See § 654.) In his appeal after resentencing, Groves now contends that (1) the trial court erred by finding that the two counts of oral copulation occurred on separate…