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Name: People v. Garza
Case #: C039029
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/14/2003
Subsequent History: None
Summary

Full consecutive sentences for forcible oral copulation, rape, and forcible digital penetration were required under Penal Code section 667.6, subdivision (d) because the crimes involved the same victim on separate occasions in this fact specific case. Appellant had a reasonable opportunity to reflect on his actions before resuming the different types of sexual assaults. Additionally, each of those counts were subject to full 10-year enhancements for personal use of a firearm under Penal Code section 12022.53, subdivision (b). First, as to the forcible oral copulation count, it was the principal term of the determinate term portion of appellant’s sentence, so no consecutive sentence limitation in a determinate sentence calculation applied to it. As to the other two counts, the court found Penal Code section 1170.1, subdivision (h) controlling, which in turn specifies full terms for enhancements for offenses listed in Penal Code section 667.6. Rape and forcible digital penetration are both listed in Penal Code section 667.6.