¶1concur in results:
¶2I concur in the results reached by the Court in this ease and agree that under the facts of this case, lewd molestation is a lesser included offense of rape. However, whether or not the evidence supports a lesser included offense is based on the facts presented in each case. As a result, I cannot join in the carte blanche statement that in “any case where the victim is under sixteen years of age” lewd molestation is a lesser included offense of rape.
¶3In his argument that he should have been considered for a concurrent sentence, the Appellant disregards the simple fact that by operation of law, sentences are to be served consecutively. See Beck v. State, 478 P.2d 1011, 1012 (Okl.Cr.1970) (When a judgment and sentence is imposed in one or more cases on the same date for separate offenses and the judgment does not specify that sentences shall run concurrently, sentences must be served consecutively); Ex parte Griffen, 91 Okl.Cr. 132, 135, 216 P.2d 597, 599, cert. denied, 340 U.S. 835, 71 S.Ct. 17, 95 L.Ed. 613 (1950) (A sentence in the penitentiary on a second or subsequent conviction of a person convicted of two or more crimes must commence on the termination of the sentence on the first conviction, unless a later judgment and sentence expressly provides that the sentence shall run concurrently with sentence on the first conviction). Appellant has failed to present this Court evidence to show his sentences were the result of something other than the operation of law which mandates sentences be served consecutively. I find nothing in this record which would warrant consideration of a concurrent sentence, based on the facts of this case.