Figueroa

People v. Figueroa

Good Law
162 Cal. App. 4th 95·2008 Cal. App. LEXIS 595·75 Cal. Rptr. 3d 435
Court of Appeal of CaliforniaApril 22, 2008E041876California1,787 words

Opinion

Opinion

Ramirez, J.

A jury convicted defendant of two counts each of aggravated sexual assault of a minor (Pen. Code, § 269, subd. (a)(1)), forcibly committing lewd and lascivious acts on a minor (§ 288, subd. (b)(1)), committing lewd and lascivious acts on a minor (§ 288, subd. (a)), committing lewd and lascivious acts on a person under the age of 16 (§ 288, subd. (c)) and one count of forcible sodomy (§ 286, subd. (c)(2)). He was sentenced to prison for two consecutive terms of 15 years to life plus 15 years four months. Defendant appeals, contending that the sentencing court erred in concluding that his terms for the aggravated sexual assaults must be run consecutively to each other under the provisions of section 667.6, subdivision (d). We disagree and affirm the judgment, while directing the trial court to correct errors in the abstract of judgment.

We need not recite the facts surrounding this case, as they are unnecessary to our discussion of the issue raised by defendant.

Applicability of Section 667.6, Subdivision (d) to the Terms for Counts 1 and

At the beginning of the sentencing hearing, the court announced that its tentative sentence would include a 15-year-to-life term…

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