P. v. Stewart
Filed 2/27/06 P. v. Stewart CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE,
Plaintiff and Respondent,
v.
JAREY STEWART,
Defendant and Appellant.
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C049745
(Super. Ct. No. 00F08190)
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A jury convicted defendant Jarey Stewart of three counts of lewd and lascivious conduct (Pen. Code, § 288, subd. (a); undesignated statutory references are to the Penal Code), one count of aggravated lewd and lascivious conduct (§ 288, subd. (b)(1)), and one count of aggravated sexual assault (§ 269, subd. (a)(4)). He was sentenced under both the one strike law (§ 667.61, subd. (b)) and the three strikes law (§ 667, subds. (b)-(i)) to three consecutive indeterminate terms of 15 years to life, each tripled to 45 years to life (§ 667, subd. (e)(2)(A)(i)). A fourth indeterminate term of 15 years to life, tripled to 45 years to life, was ordered to be served concurrently. Sentence for the remaining offense was stayed pursuant to section 654. He also received determinate terms of five years for a prior serious felony conviction (§ 667, subd. (a)) and one year for a prior prison term (§ 667.5, subd. (b)). Defendant's aggregate term was thus 135 years to life, plus six years. (People v. Stewart (2004) 119 Cal.App.4th 163, 166 (Stewart I).)
Defendant appealed to this court claiming, among other things, sentencing errors. We applied the rule of People v. Jones (2001) 25 Cal.4th 98 (Jones): â€
