Booth

*753 *452 Defendant was convicted of five counts of sexual penetration of a child 10 years old or younger ( Pen. Code, § 288.7, subd. (b) ; counts 2, 3, 5, 7, & 10); 1 three counts of oral copulation of a child 10 years old or younger ( § 288.7, subd. (b) ; counts 1, 4, & 6); five counts of preparing pornographic images of a minor (§ 311.4, subd. (c); counts 8, 11, 12, 13, & 14); one count of possessing child pornography (§ 311.11, subd. (a); count 9); and one count of sexual exploitation of a child (§ 311.3, subd. (a); count 15). As to count 9, possession of pornography, the jury found it to be true that defendant possessed more than 600 images and 10 or more images involving a prepubescent minor or a minor under 12 years old. (§ 311.11, subd. (c)(1).) The court sentenced defendant to a determinant term of 8 years 4 months, plus an indeterminate term of 120 years to life.

Defendant raises two issues on appeal.

First, he contends the court erroneously believed it had no discretion to run the section 288.7 (sexual penetration and oral copulation) sentences concurrently. He requests we remand so the court may exercise its discretion. He bases his argument on the following comment…