Does the section 667.6 rule militate against consecutive sentences for sexual assault?
California, United States of America
The following excerpt is from People v. Banner, B261604 (Cal. App. 2017):
The section 667.6 rule does not militate in favor of consecutive sentencing here. Defendant engaged in digital penetration and oral copulation with no interval affording a reasonable opportunity for reflectionhis acts occurred, at most, within a matter of seconds. (See People v. Corona (1988) 206 Cal.App.3d 13, 18.)
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