P. v. Rynhard
A jury convicted defendant Jeffery Allen Rynhard of 15 counts of lewd and lascivious conduct with a child under 14. (Pen. Code, 288, subd. (a).) The trial court sentenced defendant to 34 years in prison, which involved the trial courts reliance on aggravating facts so as to impose consecutive sentences. It also imposed a $70 AIDS education fine and a related $119 penalty assessment. On appeal, defendant contends that (1) the trial courts imposition of the consecutive terms violated his constitutional right to have his sentence based only on facts found by a jury (Apprendi v. New Jersey (2000) 530 U.S. 466; Blakely v. Washington (2004) 542 U.S. 296), and (2) the trial court erred by imposing the fine and assessment. The People concede defendants second point, and Court agree that the concession is appropriate. Court otherwise disagree with defendant. Court therefore modify the judgment and affirm.
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