Can a defendant who committed an assault with intent to commit sex crimes such as kidnapping, rape and forcible oral copulation receive a determinate sentence for the assault that followed?

Defendants next contend the assault with intent to commit sex crimes may not be separately punished from the sex crimes that followed. The trial court addressed indeterminate sentences for kidnapping, rape and forcible oral copulation before imposing determinate sentences for the other crimes, identifying robbery as the primary count for determinate sentencing. The trial court distinguished the assault from the robbery when imposing consecutive determinate sentences, noting that the crimes were separated by time and distance. The trial court did not mention the rape and forcible oral copulation sentences when imposing the sentence for the assault with intent to commit sex crimes. Again, however, the finding of separate objectives is implied and will be upheld if supported by substantial evidence. (People v. Islas, supra, 210 Cal.App.4th at p. 129.)