Does a defendant have to serve consecutive sentences for two attempted burglaries and a completed burglary?

People v. Durant, supra, 68 Cal.App.4th at pages 1406 to 1407 is inapposite. It held consecutive sentencing was mandatory for two attempted burglaries and a completed burglary where a defendant moved from one condominium home to another, committing serial burglary attempts. (Id. at pp. 1397-1398 & 1406-1407.) The defendant then succeeded in burglarizing a third home, at which point waiting police arrested him. (Id. at p. 1398.) For each crime, the home was different and the victims were different. These crimes did not arise "from the same set of operative facts." Durant does not apply.

We remand for the trial court to apply its discretion in determining whether consecutive sentencing is appropriate.