People v. Belmontes

Opinion

KAUS, J.

I. The Issues

We attempt to answer certain questions that arise when a defendant has been convicted of sex offenses listed in Penal Code section 667.6, subdivision (c). These are: (1) does the trial court have discretion not to apply the provisions of that subdivision and to follow the general sentencing procedures of section 1170.1; (2) if there is such discretion, are the sentencing criteria of the Judicial Council adequate guidelines for its exercise; and (3) must the court give reasons which expressly address the decision to sentence under the more severe provisions of…