People v. Kalim CA4/1

Filed 10/13/23 P. v. Kalim CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080634

Plaintiff and Respondent,

v. (Super. Ct. No. SCD282330)

AZHAR AHMED KALIM,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David M. Rubin, Judge. Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Michael J. Patty, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION1 A jury convicted Azhar Ahmed Kalim of four counts of forcible sexual

penetration (Pen. Code,2 § 289, subd. (a)(1); counts 1−4); one count of sexual

battery by restraint (§ 243.4, subd. (a); count 5);3 and one count of misdemeanor sexual battery (§ 243.4, subd. (e)(1); count 7), committed against a single victim. Forcible sexual penetration is punishable by three, six, or eight years. (§ 289, subd. (a)(1).) When a defendant has been convicted of multiple offenses, the sentencing judge has discretion to impose the sentence on each concurrently or consecutively, unless another statute mandates consecutive terms. (§ 669, subd. (a); People v. Jones (1988) 46 Cal.3d 585, 592 [“[s]ection 669 authorizes the court to decide whether sentences should run concurrently or consecutively”].) When imposed consecutively, the mandatory minimum term on a subordinate felony count is one-third the middle term, unless a more specific statute applies. (§ 1170.1, subd. (a); People v. Williams (2004) 34 Cal.4th 397, 402.) Here, the sentencing court found section 667.6, subdivision (d) (section 667.6(d)), applied to its decision. Section 667.6(d) mandates the court to impose “[a] full, separate, and consecutive term” for certain sex offenses, including forcible sexual penetration, if they “involve the same victim on separate occasions.” (§ 667.6, subds. (d)(1) and (e)(8).) “In determining