Jimenez

Defendant Rudy Jimenez was convicted after a jury trial of two counts of violating subdivision (a)(3) of Penal Code section 269 1 and of violating section 288, subdivision (a) (forcible sodomy with a person under the age of 14 and more than 10 years younger than the accused, and lewd and lascivious conduct upon a child under the age of 14). He was sentenced to consecutive terms of 15 years to life imprisonment for the sodomy counts; a concurrent six-year term was imposed for the section 288 offense.

Defendant argues that the sentencing court erred by concluding as a matter of law that it was required to sentence him to serve the terms imposed for the sodomy counts consecutively pursuant to section 667.6, subdivision (d). He is wrong. Section 667.6 applies to section 269 convictions where the defendant has also been convicted of multiple offenses or the crimes involve multiple victims. We also reject defendant’s characterization of section 269 as an alternative sentencing scheme. The two statutes serve different objectives and are cumulative, not alternative, to each other. Accordingly, we will affirm.

Facts

Defendant ran a residential reform ministry in his home. In…