P. v. Lopez
After defendant waived jury trial, the trial court found him guilty of forty counts of committing lewd and lascivious acts on a minor under the age of 14 (Pen. Code, 288 (a)) and twenty counts of committing lewd and lascivious acts on a minor over the age of 13 (Pen. Code, 288 (c)(1)), involving three different victims. He was sentenced to prison for 75 years, four months. He appeals, claiming the trial court erroneously admitted evidence, permitted the amendment of the Information and sentenced him. Court reject all his contentions save the one concerning the imposition of the upper term on count 17. Therefore, Court affirm the convictions and the sentences, except the term imposed for count 17. As to that count, Court remand the matter to the trial court for a determination of the appropriate sentence in compliance with Cunningham v. California (2007) U.S.[127 S.Ct. 856] (Cunningham).
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