P. v. Delgado
A jury found defendant and appellant, Louis Medel Delgado (hereafter defendant), guilty of committing a lewd and lascivious act on A.D., in violation of Penal Code section 288, subdivision (a) (count 1),[1]three counts of committing a lewd and lascivious act on Y.B. by force or fear, in violation of section 288, subdivision (b)(1) (counts 3, 4, and 7), one count of committing a lewd and lascivious act on Y.B., a child under the age of 16, in violation of section 288, subdivision (c)(1) (count 5), and four counts of committing a lewd and lascivious act on J.B. in violation of section 288, subdivision (a) (counts 6, 8, 9, and 10).[2] The jury also made true findings on allegations that the charges in which A.D. and Y.B. were the alleged victims (counts 1 through 5, and count 7) were filed within the time specified in former section 803, subdivision (g) (hereafter section 803(g)),[3]i.e., after the statute of limitations had run on the crimes but within one year after each victim reported the crimes to law enforcement. In addition, the jury found true an allegation under section 667.61, subdivision (e)(5), that defendant committed the alleged crimes against more than one victim.
Based on the jurys verdicts and true findings, the trial court sentenced defendant to serve a determinate term of 20 years in state prison followed by five consecutive indeterminate terms of 15 years to life.
Defendant raises various claims of error in this appeal, directed at challenging the jurys guilty verdicts and the trial courts sentence. Court recount the details of defendants claims below in our discussion. Court conclude, for reasons we now explain, that the trial court committed several errors in sentencing defendant. Therefore, Court vacate defendants sentence and remand this matter to the trial court for resentencing.
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