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Name: People v. McPherson
Case #: B135960
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 01/24/2001
Subsequent History: Review denied 4/25/01
Summary

Where appellant was convicted of two counts of rape for actively raping the victim himself, and for aiding and abetting the rape of the victim by another man, the Court of Appeal held that this was sufficient to meet the “separate occasion” requirement of Penal Code section 667.6, subdivision (d), which permits the imposition of full term consecutive sentences. [In dicta, the court also found that the change of position or the lapse of time between the two assaults here would also have been sufficient to meet the “separate occasion” requirement.] Citing its agreement with People v. Farr (1997) 54 Cal.App.4th 835, the Court of Appeal also held that the consecutive sentencing provisions of Penal Code section 667.6, subdivision (d), applies to derivative liability as well as principal liability. Here, the evidence was sufficient to establish that appellant’s involvement was more than minimal. Moreover, appellant cannot attack the sufficiency of the evidence where he has pleaded no contest..