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


The following excerpt is from People v. Reeder, 137 Cal.App.3d 595, 187 Cal.Rptr. 278 (Cal. App. 1982):

Thus compulsory full, separate and consecutive terms are mandated under section 667.6, subdivision (d), whenever the multiple sexual offenses either involve (1) "separate victims" or (2) "the same victim on separate occasions." In contrast, "[w]here the convictions are for offenses against the same victim on the same occasion, the trial court must exercise its discretion in determining whether to sentence the defendant under Penal Code section 1170.1, or, in lieu of that, under section 667.6, subdivision (c)." (People v. Karsai, supra, 131 Cal.App.3d at pp. 237-238, 182 Cal.Rptr. 406.)

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