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Name: People v. Garza
Case #: C039029
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/31/2002
Subsequent History: 1/17/03 Rehrg. granted & case depublished; 4/14/03 mod. opn. issued at 107 Cal.App.4th 1081
Summary

Appellant was convicted of 18 felony counts for one sexual assault, and the jury also found that appellant personally used a firearm on all the counts. Appellant was sentenced to 54 years and eight months to life in state prison, which sentence included consecutive sentences on 3, 7, and 15 under section 667.6, subdivision (d). (Count 3, 7, and 15 were for forcible oral copulation, forcible digital penetration, and rape. The court imposed consecutive aggravated terms of eight years plus 10 years for the firearm enhancement.) On appeal, appellant challenged the consecutive sentencing on those counts. The appellate court in the published portion of this opinion held that the sentence was lawfully imposed. Appellant had an adequate opportunity to reflect upon his actions between the time he committed each of those acts against the victim, and therefore the acts occurred on separate occasions for purposes of application of section 667.6, subdivision (d). Further, the crimes at issue are subject to the provisions of subdivision(h) of section 1170.1, which provides for full-term enhancements on each of the consecutive counts.