P. v. Valle
A jury convicted defendant Pablo China Valle of six counts of lewd conduct upon a child under the age of 14 years (Pen. Code, 288, subd. (a); undesignated section references are to this code) and two counts of kidnapping for the purpose of child molestation ( 207, subd. (b)). In connection with the lewd counts, the jury found that defendant kidnapped the victim, increasing the risk inherent in the underlying offense ( 667.61, subd. (d)(2)). For purposes of sentencing, the jury found in aggravation: the victim was particularly vulnerable and the manner in which defendant carried out the offenses indicated planning or sophistication. In bifurcated proceedings, the jury found not true the aggravating factor that defendant engaged in violent conduct, to wit, sodomy, indicating a serious danger to society.
Sentenced to state prison for an aggregate term of 41 years to life, defendant appeals, contending (1) the trial court prejudicially erred in instructing the jury on the aggravating factor that the manner in which defendant carried out the offenses indicated planning or sophistication and (2) the imposition of the upper term and consecutive sentences contravenes Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely). Court affirm the judgment.
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