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Name: People v. Wooten
Case #: C067180
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/26/2012
Subsequent History: Review granted, depublished, transferred
Summary

Appellant was properly sentenced to two great bodily injury enhancements for sexual assault and attempted murder of the same victim. Wooten contended that under Section 654 and People v. Ahmed (2011) 53 Cal.4th 156, the sentence enhancements for great bodily injury imposed for his attempted murder and forcible oral copulation of the same victim had to be stayed. The appellate court rejected his argument, finding that neither section 654 nor Ahmed applies to sentence enhancements imposed for offenses arising out of separate criminal acts. While Wooten may have engaged in sustained violence against the victim, his purposes shifted from sexual gratification to sadistic infliction of pain after he was unable to penetrate the victim and she refused to further orally copulate him. The first offense was a sexual attack on the victim. After the victim fled the bathroom, Wooten focused on beating her as punishment for her resistance. Wooten was therefore not entitled to a stay of the great bodily injury enhancement for the attempted murder.