People v. Deville CA2/1

BACKGROUND

In the prior appeal, we struck prior serious felony enhancements under Penal Code 1 section 667, subdivision (a)(1), imposed on count 2 for administering a controlled substance to a minor. We also struck a prior sex offense enhancement under section 667.6, subdivision (a), imposed on count 1 for forcible rape. We ordered the sentence

1 Statutory references are to the Penal Code unless otherwise indicated.

2 imposed on count 4 for unlawful sexual intercourse with a minor stayed under section 654. We vacated Deville’s sentence and remanded the matter for resentencing due to our finding the trial court misunderstood the scope of its discretion to impose concurrent terms on counts 1 and 2. We expressed no opinion on whether the court should impose concurrent or consecutive terms on counts 1 and 2 in the exercise of its discretion. (People v. Deville, supra, B238053, pp. 14, 15.) On October 10, 2013, the trial court held the resentencing hearing. The court exercised its discretion in deciding to impose consecutive terms on count 1 for forcible rape and count 2 for administering a controlled substance to a minor. The court found “[t]he crime and their objectives were…