P. v. Osorio
A jury found guilty of continuous sexual abuse of a person under 14 years of age, as alleged in count 1 (Pen. Code, 288.5, subd. (a)); oral copulation with a person under 16, as alleged in count 4 ( 288, subd. (b)(2)); and oral copulation with a person under 18, as alleged in count 5 ( 288, subd. (b)(1)). The jury acquitted Osorio on counts alleging sodomy of a person under 16, assault with a deadly weapon and making criminal threats. Osorio was sentenced to 17 years and 4 months in prison. The trial court imposed the upper term on count 1 with consecutive terms on counts 4 and 5. Court reverse the sentence as to count 1, and remand for resentencing pursuant to Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856].)
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