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Constitutionality of Fact-Finding Required by PC 667.6, subd. (d)

Case Name: People v. Catarino (Oct. 14, 2021, mod. Oct. 19, 2021, D078832) [nonpub. opn.], review granted 1/19/2022
Case #: S271828/D078832
Last Updated: February 22, 2023

Does Penal Code section 667.6, subdivision (d), which requires that a “full, separate, and consecutive term” must be imposed for certain offenses if the sentencing court finds that the crimes “involve[d] the same victim on separate occasions,” comply with the Sixth Amendment to the U.S. Constitution?

Review on this issue has also been granted with briefing deferred in:

  • People v. Wandrey (2022) 80 Cal.App.5th 962, review granted 9/28/2022 (S275942/A161691)
  • People v. Celestine (H049673) [nonpub. opn.], review granted 2/22/2023 (S278056)

Updated: 2/22/2023

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