Lawrence
People v. Lawrence
Opinion
Opinion
When a defendant is sentenced under the three strikes law (Pen.Code, § 667, subds. (b)-(i)) [1] because he has previously been convicted of one or more serious and/or violent felony offenses (§ 667, subds.(b), (c)), the three strikes provisions mandate that "[i]f there is a current conviction for more than one felony count not committed on the same occasion, and not arising from the same set of operative facts, the court shall sentence the defendant consecutively on each count pursuant to [this section]." (§ 667, subd. (c)(6); hereafter sometimes subdivision (c)(6).) [2] By implication, consecutive sentences are not mandated under subdivision (c)(6) (or subdivision (c)(7)) (see fn. 2, ante ) if all of the current felony convictions are either "committed on the same occasion" or "aris[e] from the same set of operative facts." ( Deloza, supra, 18 Cal.4th at p. 591, 76 Cal.Rptr.2d 255 , 957 P.2d 945 ; Hendrix, supra, 16 Cal.4th at p. 513, 66 Cal.Rptr.2d 431 , 941 P.2d 64 .)
In Deloza we construed the term "committed on the same occasion" in section 1170.12, subdivision (a)(6) (identical to the legislative version found in section 667, subdivision (c)(6)) (see fn. 1, ante…