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.
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