Wooten

In People v. Ahmed (2011) 53 Cal.4th 156 [ 133 Cal.Rptr.3d 856 , 264 P.3d 822 ] (Ahmed), the California Supreme Court explained how to determine whether any of multiple sentence enhancements for a single crime must be stayed. Ahmed thus addressed the question of whether Penal Code section 654 1 prohibits imposition of more than one enhancement for the same underlying criminal act. (Ahmed, at p. 162.) In this case, we address a question left unanswered by the Supreme Court in Ahmed—whether section 654 applies to bar imposition of the same type of sentence enhancement offenses arising out of separate criminal acts.

Defendant Theodore Rolando Wooten seeks to avail himself of section 654 by arguing that the sentence enhancements for great bodily injury (§§ 12022.7, subd. (a), 12022.8) imposed for his attempted murder (§§ 664, 187) and his forcible oral copulation (§ 288a, subd. (c)(2)) of the same victim must be stayed under section 654 and our Supreme Court’s guidance in Ahmed, supra, 53 Cal.4th 156 . Defendant also requests that the abstract of judgment be amended to more accurately reflect the two consecutive sentences for the two counts of kidnapping for rape.

After we…