I concur in the majority’s conclusion that the Legislature, in amending Welfare and Institutions Code section 707.2, intended to broaden the sentencing court’s discretion to impose a state prison term notwithstanding a positive Youth Authority amenability determination. I also agree that under the broadened standard the court in the present case did not abuse its discretion when it sentenced defendants Jones and Williams to state prison terms.
I dissent, however, from the majority’s conclusion that Penal Code section 667.6, subdivision (c),1 authorizes a court to impose a full, consecutive *604sentence on a defendant who stands convicted of only one enumerated sex offense. I further dissent from the majority’s casuistic conclusion that the language of section 667.6, subdivision (c), is not sufficiently ambiguous to require resolution in favor of the defendant.
Our goal in construing statutes is to ascertain the Legislature’s intent in order to effectuate the purpose of the law. (People v. Craft (1986) 41 Cal.3d 554, 559 [224 Cal.Rptr. 626, 715 P.2d 585].) In determining that intent, we must view each part of a statute in the context of the whole statute and its purpose. (People v. Black (1982) 32 Cal.3d 1, 5 [184 Cal.Rptr. 454, 648 P.2d 104].) Accordingly, we must construe subdivision (c) in the context of section 667.6 as a whole. Clearly the Legislature intended for the section to provide longer sentences for certain sex offenders; the question is which such offenders it intended the statute to cover. The structure, language, and legislative history of section 667.6 persuade me that the Legislature intended the statute to apply only to multiple sex offenders.
There is no doubt that the three subdivisions of section 667.6 not at issue here apply only to individuals convicted of more than one enumerated sex offense (ESO). Thus subdivision (a) provides a five-year sentence enhancement when a person convicted of an ESO has a prior ESO conviction. Subdivision (b) provides a 10-year sentence enhancement when a person convicted of an ESO has previously served more than one prison term for ESO convictions. Subdivision (d) mandates the imposition of full consecutive terms for multiple ESO’s “if the crimes involve separate victims or involve the same victim on separate occasions.”2 Therefore if subdivision (c) applies to individuals convicted of only one ESO, it is the sole exception to a statute which as a whole applies only to multiple sex offenders. Nowhere, however, does the subdivision reveal it creates such an exception; indeed, its words imply the contrary.
The word “crimes” appears in both subdivision (c) and subdivision (d). There is no doubt that the “crimes” referred to in subdivision (d) are multiple ESO’s. Since we presume, “in the absence of anything in the statute to the contrary, that a repeated phrase or word in a statute is used in the same sense throughout” (People v. Hernandez (1981) 30 Cal.3d 462, 468 [179 Cal.Rptr. 239, 637 P.2d 706]), we must presume the word “crimes” in subdivision (c) refers to multiple ESO’s unless something in the statute *605clearly indicates another meaning was intended. The majority’s strained attempts to find such indicators are unconvincing.
First, the majority contend it is illogical to conclude that subdivision (c) refers only to multiple ESO’s because the phrase “whether or riot the crimes were committed during a single transaction” was generally intended to broaden rather than restrict the subdivision’s effect. (Majority opn. at p. 593.) The contention is in error. As I will show, the contention ignores the fact that the quoted language was added to the statute in response to an issue concerning only multiple ESO’s. Further, the phrase—even when properly understood to refer only to multiple ESO’s—in fact broadens rather than restricts subdivision (c)’s effect.
As the majority themselves observe (majority opn. at p. 597), the “whether or not” language was added to the statute in response to a proposed exception to otherwise mandatory consecutive sentencing for multiple ESO convictions. That exception, as originally proposed, would have applied when the ESO’s were “committed upon one victim at the same proximate time and place as part of and in immediate conjunction with any other violation of this section upon such victim for which such term is imposed.” (Sen. Bill No. 13 (1979-1980 Reg. Sess.) § 7, subd. (g), as introduced Dec. 4, 1978.) A subsequent amendment eliminated the proposed exception by requiring consecutive sentencing “whether or not the crimes were committed with a single intent or objective or during a single transaction.” (Sen. Bill No. 13, as offered Feb. 28, 1979, italics added.) The “crimes” referred to in the amendment quite obviously were the multiple ESO’s which had been the subject of the proposed exception; in slightly altered form, the same language eventually became part of the discretionary sentencing scheme set forth in subdivision (c). Thus the most logical inference is that the word “crimes” in that subdivision continues to refer to multiple ESO’s. In addition, the origins of the “whether or not” language demonstrate that the phrase in fact broadens rather than restricts subdivision (c)’s effect by eliminating what might otherwise have been an exception to eligibility for discretionary consecutive sentencing.
Second, the majority invoke section 7 to support the novel argument that “to the extent practicable, we must interpret the plural word ‘crimes’ in subdivision (c) to be consistent with the singular phrase ‘each violation’ appearing earlier in the provision.” (Majority opn. at pp. 593-594.) Although the point sounds plausible on first hearing—who would argue against seeking consistency?—on closer examination it is wholly untenable.
The language in question, reduced to its essentials, reads as follows: “A . . . consecutive term may be imposed for each violation . . . whether or *606not the crimes were committed during a single transaction.” The majority vaguely suggest that the word “crimes” could, in the interests of consistency, somehow be interpreted in the singular. Yet such an interpretation is not logically possible: because a single crime is by definition “committed during a single transaction,” the majority’s proposed interpretation of subdivision (c) renders the “whether or not” phrase an absurdity, and is “practicable” to no “extent” at all.
Third, the majority assert that subdivision (c) does not require multiple ESO’s because, unlike subdivision (d), it starts with the phrase “In lieu of the term provided in Section 1170.1.” (Majority opn. at p. 594.) Because non-ESO multiple crimes are sufficient to invoke section 1170.1, they reason, “subdivision (c)’s reference to ‘the crimes’ likewise does not necessarily refer to multiple ESO’s.” (Majority opn. at p. 594.) Clearly, of course, subdivision (c) does not—like section 1170.1—apply in the absence of any ESO’s; thus the question is not whether the criminal convictions in a given case are sufficient to invoke section 1170.1, but rather whether subdivision (c), construed in the context of section 667.6 as a whole, logically requires only one or more than one ESO conviction before it supplies an alternative sentencing formulation.
As explained above, all subdivisions of section 667.6 other than (c) concededly deal only with multiple ESO convictions. Thus in the absence of some indication to the contrary, the most logical reading of the “in lieu of’ phrase is that subdivision (c) offers an alternative multiple-felony sentencing option when the multiple felonies are ESO’s. The majority reject this conclusion, but fail to explain how they reach the contrary view. Instead, they offer only the conclusory statements that this more logical reading “is incorrect,” and that their view establishes how the statute “is to be read.” (Majority opn. at p. 594.)
Fourth, the majority attach great significance to the fact that at the time the defendant committed the crimes and was sentenced in the present case, subdivision (c) referred to “the crimes” while subdivision (d) referred to “such crimes.” (Majority opn. at pp. 595-596.) This difference, they assert, raises a “compelling” inference that the Legislature did not intend for the word “crimes” in subdivision (c) to refer to multiple ESO’s. (Majority opn. at p. 596.) However, at the same time they are “ascribing] significance to every word” (majority opn. at p. 596), the majority are quick to dismiss as insignificant the fact that the Legislature later eradicated the very distinction on which they rely. (Majority opn. at pp. 591, fn. 2, 596.)
Thus the majority’s view on the point is nothing less than an assertion that the Legislature, having carefully expressed its true intent by paying *607scrupulous attention to the distinction between “the” and “such” in subdivisions (c) and (d), later blithely abandoned this purportedly crucial linguistic distinction for “technical, nonsubstantive” reasons (majority opn. at pp. 591, fn. 2, 596), while still intending that the pivotal difference in meaning reside in what became identical words. Stated another way, the majority argue that the language difference is significant when it supports their view and insignificant when it does not. Surely the more reasonable conclusion is that (1) the Legislature was willing to remove every appearance of the word “such” from section 667.6 because the word was never intended to convey the critical difference in meaning attached to it by the majority, and (2) the Legislature changed the language so as to clarify any potential ambiguities—i.e., to indicate that the “crimes” referred to in subdivision (d) and the “crimes” referred to in subdivision (c) were in fact the same.
Fifth, the majority contend the legislative history of section 667.6 compels the conclusion that subdivision (c) applies to cases in which only one of multiple felony convictions is for an ESO. Again, however, they state only conclusions rather than reasons. After correctly relating, as described above, the nature of the original legislative proposal and its subsequent amendments, the majority correctly observe that subdivision (d) mandates consecutive sentencing under certain circumstances while subdivision (c) creates discretionary consecutive sentencing “ ‘[i]n lieu of the term provided in Section 1170.1’” for multiple convictions. (Majority opn. at p. 597.) At that point, however, having stated only the background necessary to begin analyzing the question, they skip the analysis entirely and simply state their bald conclusion that “Like section 1170.1, subdivision (c) applies whether or not multiple ESO’s are involved.” (Majority opn. at p. 598.)
It is revealing in this connection to observe the majority’s interpretation of certain legislative committee reports. First, the majority claim support from reports which have no bearing on the present question: all address the original version of Senate Bill No. 13 before it had been amended to include the current versions of subdivisions (c) and (d). (See majority opn. at pp. 597-598, fn. 6.) Second, the majority acknowledge yet dismiss later reports which plainly contradict their view. (Ibid.) Those reports—written after subdivisions (c) and (d) were added—consistently described subdivision (c) as applying “upon conviction for two or more of the [enumerated offenses].” (Sen. Com. on Judiciary, Analysis of Sen. Bill No. 1646 (1983-1984 Reg. Sess.) p. 4, italics added; Assem. Com. on Crim. Law & Pub. Safety, Analysis of Sen. Bill No. 1646 (1983-1984 Reg. Sess.) p. 3; Sen. Com. on Judiciary, Analysis of Sen. Bill No. 2512 (1985-1986 Reg. Sess.) p. 6.) The logical implication of the quoted language is obvious: subdivision (c) applies only in multiple-ESO situations. The majority, however, attempt to evade the ob*608vious by asserting in effect that “two or more” may include “one” because it was not stated otherwise. (See majority opn. at pp. 597-598, fn. 6.)
Sixth, the majority contend subdivision (c) must apply to the offender who commits a single ESO coupled with another felony because the Legislature is unlikely to have intentionally excluded this “frequently recurring scenario” from the reach of subdivision (c). (Majority opn. at p. 598.) Their sole statement in support of this assertion is that “It would be improvident to conclude the Legislature disregarded this most common set of criminal circumstances when its clear objective was to vest the sentencing court with discretionary authority to consecutively sentence each egregious sex offense enumerated in subdivision (c).” (Majority opn. at p. 598.) The statement is bootstrapping of the first order: it cites the majority’s own interpretation of the very issue being decided—i.e., the Legislature’s intent regarding subdivision (c)—as authority in light of which a contrary interpretation would be “improvident.”
The Legislature’s intent to make subdivision (c) applicable only to multiple sex offenders is apparent not only from the structure and wording of section 667.6 itself, but also from the fact that only rarely would the application of subdivision (c)—as compared to the application of the standard sentencing formulation set forth in section 1170.1—result in increased punishment for an ESO if the subdivision were applied in a one-ESO multiple-conviction situation.
The reason is simple: because few crimes carry heavier individual penalties than those for the ESO’s specified in section 667.6,3 the ESO penalty in a one-ESO multiple-conviction situation would almost always be selected as the “principal term” under section 1170.1. The penalty for the non-ESO *609offense would then be treated as a “subordinate term” and sentenced at one-third of the midterm. However, were the same crimes sentenced under section 667.6, subdivision (c), the non-ESO offense would in effect be treated as a principal term, to which the full ESO term would run consecutively. Thus although the combined term would be longer under subdivision (c) than under section 1170.1, it almost always would be the non-ESO, rather than the ESO, for which the punishment was increased. It is most unlikely the Legislature intended such a result from a statute plainly aimed at specified sex offenses.
In addition, the Legislature has provided elsewhere for increased penalties in aggravated single-ESO situations. Section 12022 provides for a one-year sentence enhancement for being armed with a deadly weapon during an offense, and a two-year enhancement for use of such a weapon. Section 12022.3 provides for a two-year sentence enhancement for being armed, and a three-year enhancement for use of a weapon, if the offense is a violation of sections 261, 264.1, 286, 288, 288a, or 289. Section 12022.7 provides for a three-year enhancement if great bodily injury occurs. Section 12022.8 provides for a five-year enhancement if great bodily injury occurs during a violation of sections 261, 264.1, 286, 288, 288a, or 289. All these enhancements may be added to the “principal term” for an ESO sentenced in conjunction with a non-ESO under section 1170.1; thus section 667.6, subdivision (c), in addition to being generally ineffective as a means of punishing single ESO’s more harshly, is unnecessary for that purpose.
Finally, the majority reject the contention that the language of subdivision (c) is sufficiently ambiguous to entitle the defendant to the benefit of the doubt. Although they acknowledge the familiar rule that “ ‘[W]hen language which is reasonably susceptible of two constructions is used in a penal law ordinarily that construction which is more favorable to the offender will be adopted’” (majority opn. at p. 599, quoting People v. Davis (1981) 29 Cal.3d 814, 828 [176 Cal.Rptr. 521, 633 P.2d 186]), they seek to avoid its application by simply declaring that “the language of subdivision (c) is largely unambiguous and not reasonably susceptible to more than one construction.” (Majority opn. at p. 599, italics in original.) The emptiness of this self-serving declaration is obvious: if subdivision (c) were in fact unambiguous and reasonably susceptible to only one construction, the majority would not have had to offer the series of tortured and untenable arguments outlined above. Nor would the Courts of Appeal have sharply disagreed in their interpretations of the statute. (See People v. Ottombrino (1982) 127 Cal.App.3d 574, 586 [179 Cal.Rptr. 676]; People v. Karsai (1982) 131 Cal.App.3d 224, 237 [182 Cal.Rptr. 406]; People v. Waite (1983) 146 Cal.App.3d 585, 590-591, 594 [194 Cal.Rptr. 245]; People v. Jamison (1984) 150 Cal.App.3d 1167, 1174-1177, 1178-1183 [198 Cal.Rptr. 407] (dis. opn. *610of Butler, J.); People v. Howell (1984) 151 Cal.App.3d 824, 827-829, 8.31-833 [199 Cal.Rptr. 110] (dis. opn. of Hanson (P. D.), J.).)
In my view the language, construction, and history of section 667.6 indicate that subdivision (c) is correctly construed as applying only to defendants convicted of more than one ESO. Even assuming a contrary conclusion could plausibly be reached, the statute’s remaining ambiguity would require resolution in favor of the defendant. I would affirm the judgment of the Court of Appeal in all respects.
Broussard, J., concurred.
All further statutory references are to the Penal Code.
The majority concede that the word “crimes” in subdivision (d) refers only to multiple ESO’s. (Majority opn. at p. 594, fn. 5.) This fact was made crystal clear by the Legislature’s 1986 amendment to the subdivision, which focuses the court’s attention on what happens “between the commission of one sex crime and another,” and specifically on whether the defendant “resumed sexually assaultive behavior” after an opportunity for reflection. (Stats. 1986, ch. 1431, § 1.)
Section 667.6’s enumerated crimes of rape (§ 261, subds. (2), (3)), oral copulation (§ 288a), sodomy (§ 286), lewd acts on a child under 14 years (§ 288, subd. (b)), and penetration by a foreign object (§ 289) are each punishable by 3, 6, or 8 years. Acting in concert to commit these crimes (§§ 264.1, 286, 288a) is punishable by 5, 7, or 9 years. Few crimes carry heavier penalties, and those that do for the most part involve death or great bodily injury: murder (§ 190) is punishable by death, life without possibility of parole, 25 years, or 15 years to life; voluntary manslaughter (§ 193) is punishable by 3, 6, or 11 years); kidnapping (§ 209), under certain circumstances, is punishable by life without possibility of parole; attempted murder of a public official to prevent the official from performing his duties or in retaliation (§ 217.1) is punishable by 15 years to life; train wrecking (§ 218) is punishable by life without possibility of parole; assault with a deadly weapon on a police officer (§ 245) is punishable by 4, 6, or 8 years; arson causing great bodily injury (§ 451, subd. (a)) is punishable by 5, 7, or 9 years; procuring execution of an innocent person through perjury or subornation of perjury (§ 128) is punishable by death or life without possibility of parole; and treason (§ 37) is punishable by death or life without possibility of parole. There are also a number of sexual offenses which are as severely punished when they involve children. (§§ 266h, 266i, 266j.)