Does a judge have discretion to sentence an appellant to a full, consecutive sentence under section 667.67.6, subdivision (d) of the Penal Code?

California, United States of America


The following excerpt is from People v. Milligan, H030704 (Cal. App. 2/13/2008), H030704 (Cal. App. 2008):

Respondent agrees stating, "Because only one of the two offenses qualified as an [enumerated sexual offense], the trial court erred in citing section 667.6, subdivision (d), as its reason for imposing a full consecutive sentence on count three. The trial court has discretion to sentence appellant to full, consecutive sentences under section 667.6, subdivision (c). Accordingly, we agree that the matter must be remanded for resentencing." (Citations and footnotes omitted.) We note that consecutive sentencing under section Penal Code 667.6, subdivision (c), requires a statement of reasons from the trial court for this sentencing choice. (People v. Irvin (1996) 43 Cal.App.4th 1063, 1072.) Because we are remanding for resentencing, we do not reach appellant's argument that he received ineffective assistance of counsel.

Other Questions


Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, pursuant to section 1170.1? (California, United States of America)
What are the reasons for a sentencing court to sentence a defendant to two consecutive terms of consecutive sentences under section 654 of the Criminal Code? (California, United States of America)
What is the test for appellate judges to determine whether a defendant has been convicted and sentenced to two consecutive sentences under section 654 of the California Criminal Code? (California, United States of America)
Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, section 1170.1? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Does section 667.6, subdivision (d) of the California Criminal Code require full, separate, and consecutive sentences for each rape and for each forcible lewd act? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.