The Court of Appeal agreed with the parties that the trial court erred in imposing consecutive life sentences (15 years to life) on counts 1 and 2 pursuant to Penal Code section 667.6, subdivision (d). The finding that the offenses occurred on separate occasions was not supported by substantial evidence, for there was no evidence of any interval between the two offenses to show a reasonable opportunity to reflect. The Court of Appeal vacated the sentence and remanded the matter for resentencing.
