People v. Byrd

Opinion

BENKE, Acting P. J.

Aaron Wade Byrd contends the trial court erred when it sentenced him to prison for forcible sodomy (Pen. Code;1 § 286, subd. (c)(2); count 3) with a fixed-term enhancement for aggravated kidnapping for purposes of committing the crime (§ 667.61, subd. (d)(2)), but refused to stay his sentence for simple kidnapping (§ 207; count 1) because, *92Byrd contends, he committed the sodomy during the same kidnapping. Byrd also contends his case should be remanded for resentencing because the trial court did not recognize it had discretion to impose concurrent, as opposed to…