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Name: People v. Figueroa
Case #: E041876
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/22/2008

For purposes of sentencing, Penal Code sections 667.6, subdivision (d) and 269 are not alternative sentencing schemes but, instead, are cumulative and require mandatory consecutive life terms if the crimes involve the same victim on separate occasions. Appellant was convicted of two counts of aggravated sexual assault on a minor (Pen. Code, sec. 269, subd. (a)(1)) and sentenced to two fifteen-years-to-life terms. Relying on the rationale of People v. Jimenez (2000) 80 Cal.App.4th 286, the appellate court rejected appellant’s argument that the mandatory consecutive provision of section 667.6, subdivision (d) did not apply to him and that section 269 provided an alternative sentencing scheme allowing for a determinate sentence.