California Court of Appeal August 22, 1985, Crim. 12890 (People v. Riffey)

Opinion

PUGLIA, P. J.

In this appeal we decide whether Penal Code section 667.6, subdivision (c), may be applied to impose full consecutive terms without an adjudication by the jury that defendant’s criminal conduct falls within the express provisions of that sentencing provision. We hold that it may not.

A jury convicted defendant of kidnaping (count I; Pen.