People v. Casper

Opinion

BROWN, J.

In this case involving the three strikes law, the trial court dismissed the strike allegation as to 34 of 35 counts. (Pen. Code,1 §§ 667, subds. (b)-(i), 1170.12; People v. Garcia (1999) 20 Cal.4th 490, 499, 503-504 [85 Cal.Rptr.2d 280, 976 P.2d 831] (Garcia).) The issue here is whether the trial court had discretion to sentence defendant concurrently on those counts for which the strike allegation had been dismissed, and which did not arise on the same occasion or under the same set of operative facts, or whether it was required to sentence all such counts consecutively under…