Robinson

After a court trial, defendant Wayne Edward Robinson was convicted of four counts of sodomy with a person under the age of eighteen (Pen. Code, § 286, subd. (b)(1)), three counts of oral copulation with a person under the age of eighteen (Pen. Code, § 288a, subd. (b)(1)), all felonies, three misdemeanor counts of annoying or molesting a child (Pen. Code, § 647.6) and one misdemeanor count of failing to register as a sex offender (Pen. Code, § 290). The court denied probation and imposed a total term of six years and eight months, composed as follows: the three-year upper term on one sodomy conviction, plus four 8-month consecutive terms (§ 1170.1, subd. (a)) for the remaining three sodomy convictions and one oral copulation conviction, and a one-year enhancement under section 667.5. Concurrent upper terms of three years were imposed for the other two oral copulation convictions, and concurrent jail terms were imposed for the misdemeanors.

On this appeal, defendant argues that the court failed to give an adequate statement of reasons for its decision to impose the aggravated term in two of the three instances in which the upper term was selected. He also asserts that the…