Cortez

Defendant was convicted of kidnapping and allegations of two prior convictions were found true. He was sentenced to 13 years in state prison. He asserts that his conviction must be reversed because the trial court failed to sua sponte instruct the jury that it must unanimously agree on the specific act which formed the basis for the conviction. With respect to his sentence, he challenges the validity of Penal Code section 667 and asserts that the trial court had discretion, which it failed to exercise, granted by section 667, to impose concurrent terms for the enhancements arising out of the two prior convictions. For the reasons expressed below, we affirm.

Facts

Carol R. had been having an intimate relationship with defendant for about a year. On October 20, 1990, defendant spoke with Carol at her mother’s house. Carol told defendant that she didn’t want to see him anymore and defendant became angry. Defendant wanted Carol to go to the park with him and, because she didn’t want to argue with him, Carol went. Defendant drove her over to a park about three blocks away. The two of them sat down on the grass and talked for a while. Defendant then lay down and fell asleep.…