Error and/or relief
The court erred by sentencing appellant to a consecutive mid-term of eight years on count 6, because he was convicted of only a single relevant offense. The mandatory consecutive sentencing scheme in section 667(d) can apply only when a defendant stands convicted of multiple enumerated sex offenses
Holding:
The trial court sentenced appellant to a consecutive mid-term of eight years on count 6 under section 667.6(d)(1). But as the parties correctly note, the mandatory consecutive sentencing scheme in subdivision (d) can apply only when a defendant stands convicted of multiple” enumerated sex offenses under this statute. Here appellant was convicted of only one offense under section 667.6(e) and therefore the sentence on count 6 must be reconsidered.
Authority:
People v. Jones (1988) 46 Cal.3d 585, 594, fn. 5