P. v. Bryson
A jury convicted defendant Eli Bryson of 30 counts of lewd and lascivious conduct upon a child under the age of 14 years. (Pen. Code, 288, subd. (a).)[1] In bifurcated proceedings, defendant admitted a prior felony conviction for purposes of a strike prior and a five-year enhancement.
Sentenced to state prison for an aggregate term of 133 years, defendant appeals, contending (1) the trial courts order that defendant pay $2,440 in attorney fees is unauthorized and must be stricken; (2) the trial courts imposition of consecutive terms for counts two through thirty contravenes Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely); (3) the sentence of 133 years, a de facto term of life without the possibility of parole, violates the state and federal prohibitions against grossly disproportionate punishment; (4) the trial court abused its discretion in refusing to strike the strike prior and the courts abuse of discretion violates defendants due process rights; and (5) the $24.09 jail classification fee was not orally imposed at sentencing and must be stricken from the minutes and abstract of judgment.
The Attorney General concedes the attorney fee order must be reversed and the matter remanded to the trial court for notice and a hearing. Court accept the concession and remand for notice and a hearing. The minutes and abstract of judgment must be corrected to omit a jail classification fee and include the courts decision on attorney fees. Court reject defendants other contentions and otherwise affirm the judgment.
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