P. v. Plummer
Defendant Troy Plummer appeals from the judgment entered following his conviction by jury of one count of first degree burglary (count 1; Pen. Code, 459),[1] two counts of first degree residential robbery (counts 2 & 3; 211), one count of false imprisonment by violence (count 4; 236), one count of forcible oral copulation (count 5; 288a, subd. (c)(2)), three counts of forcible sodomy (counts 6, 8, & 10; 286, subd. (c)(2)), and three counts of forcible rape (counts 7, 9, & 11; 261, subd. (a)(2)). The jury also found true the allegations that defendant personally used a deadly and dangerous weapon and committed the sex offenses during the commission of a burglary. ( 12022.3, subd. (a); 667.61, subds. (a), (b), (d), & (e).) After a court trial, defendant was found to have suffered five prior serious felony convictions. ( 667, subd. (a); 667, subds. (b)-(i); 1170.12, subds. (a)-(d).) Pursuant to section 667.6, subdivision (d), the trial court imposed full consecutive sentences for each of the sex offenses. Defendant was sentenced to 225 years to life plus a determinate term of 53 years in state prison.
His sole contention is that the trial court erred by imposing consecutive sentences because the evidence at trial failed to support its finding that the sex offenses were committed on separate occasions within the meaning of section 667.6, subdivision (d). Discerning no error, Court affirm the judgment.
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