California Court of Appeal

Conviction and sentencing of defendant for an assortment of crimes related to a charge of forcible sodomy, PC section 286(c)(2), is upheld but remanded for resentencing where trial court failed to recognize that it had discretion to impose concurrent, as opposed to consecutive, sentences on multiple counts based on the fact that all the offenses arose on the same occasion or out of the same operative facts.

Appellate Information

• Decided 04/07/2011
• Published 04/07/2011

Judges

• BENKE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Richard de la Sota, Kamala Harris