Catarino
People v. Catarino
Opinion
Opinion
Liu, J.
Opinion of the Court by Liu, J.
Penal Code section 667.6, subdivision (d) requires a sentencing court to impose “full, separate, and consecutive term[s]” for certain sex crimes if it finds that the offenses were committed “on separate occasions.” (Pen. Code, § 667.6, subd. (d) (section 667.6(d)); all undesignated statutory references are to this code.) Defendant Edgar Sandoval Catarino was convicted of six counts of forcible lewd acts on a child under the age of fourteen and one lesser included offense of attempt. At sentencing, the court found that Catarino’s seven counts of conviction occurred on seven separate occasions and sentenced him to full, consecutive terms for each under section 667.6(d). In Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi), the United States Supreme Court held under the Sixth Amendment to the federal Constitution that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” (Apprendi, at p. 490.) Under Alleyne v. United States (2013) 570 U.S. 99 (Alleyne), this rule applies “with equal force to…