P. v. Ramirez
A jury convicted appellant Joseph Ramirez of two counts of lewd act on a child by force (Pen. Code, 288 subd. (b), counts one and two); sexual battery by unlawful restraint (Pen. Code, 242/243.4 subd. (a), count five); and sexual penetration by force (Pen. Code, 289, subd. (a)(1), count six). As to counts one, two and six, the jury found true an allegation that appellant committed an offense specified in Penal Code section 667.61, subdivision (c) against more than one victim. (See case number H024606.)
Appellant appealed his conviction and his initial sentence of 45 years to life in state prison. In an unpublished opinion (H024606 filed January 6, 2004), Court reversed appellant's conviction on count six, reduced the conviction on count five to a misdemeanor and remanded the case to the trial court for resentencing.
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