P. v. Flores
After attacking his cousins wife, defendant Jacinto Jose Flores entered negotiated pleas of guilty to rape (Pen. Code, 261, subd. (a)(2); unspecified section references that follow are to the Penal Code), burglary of a locked vehicle ( 459), making criminal threats ( 422), assault with intent to commit rape, sodomy, and oral copulation ( 220), and failing to register as a sex offender ( 290, subd. (a)(1)(A)). The court dismissed four other charges, including kidnapping to commit rape ( 209, subd. (b)(1)), and the parties agreed that a maximum sentence of 11 years might be imposed.
The court sentenced defendant to an aggregate prison term of 10 years. It selected the upper term of 8 years for rape, and added a consecutive term of 16 months for assault and a consecutive 8-month sentence for making criminal threats. (The sentences on the remaining counts are not at issue in this appeal.) Defendant contends that the court abused its discretion in imposing consecutive sentences on the assault and criminal threat convictions. Specifically, he contends that these sentences should have been stayed pursuant to section 654 or, alternatively, that concurrent sentences should have been imposed. Defendants claim is properly before us despite the lack of a certificate of probable cause. (People v. Shelton(2006) 37 Cal.4th 759, 769-770; People v. Buttram (2003) 30 Cal.4th 773, 787 [challenge to exercise of courts sentencing discretion within agreed maximum sentence does not require certificate of probable cause].) However, Court find it unpersuasive and therefore affirm the judgment.
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