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Name: People v. Vonner
Case #: B169476
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/16/2004
Subsequent History: Rev. granted 10/20/04 pending Black (S126182)
Summary

Blakely v. Washington does not impact a sentencing court’s imposition of a full consecutive sentence for an enumerated violent sex offense under Penal Code section 667.6, subd. (c). In this case, the trial court imposed a full consecutive sentence pursuant to section 667.6, subd. (c), on a violation of section 288, subd. (b)(1) in addition to the sentence for a 288, subd.(a) violation, because the acts were on different occasions. Section 667.6, subd.(c) does not require a finding by the trier of fact or the trial court that the offenses occurred on separate occasions. Blakely is inapposite here. A consecutive sentence is not tantamount to an enhancement, nor does it increase the penalty beyond the prescribed statutory maximum. The sentence was not based on any “fact” that the trial court found.