P. v. Loza
Defendant, Michael Anthony Loza, appeals from his convictions for: continuous sexual abuse (Pen. Code,[1] 288.5, subd. (a)); forcible rape with great bodily injury ( 261, subd. (a)(2), 667.61, subd. (b)); two counts of aggravated sexual assault on a child ( 264.1, 269, subd. (a)(2)); two counts of assault with a deadly weapon ( 245, subd. (a)(1)); three counts of corporal injury to a spouse ( 273.5, subd. (a)); misdemeanor battery ( 242); three counts of forcible rape ( 261, subd. (a)(2)); and two counts of criminal threats. ( 422.) He received a determinate term of 90 years, 4 months. He also received 3 consecutive terms of 15 years to life. The determinate and indeterminate terms were ordered to run consecutively.
Defendant contends: he was improperly convicted of both violations of section 288.5 and two aggravated sexual assault offenses; section 654, subdivision (a) was violated; there was insufficient evidence to support sentencing pursuant to section 667.61, subdivision (b); the trial court improperly imposed the upper term in counts 1, 13, 14 and 15 and consecutive terms in counts 5, 6, 8, 9, 11 and 12; there was instructional error; and the misdemeanor battery conviction must be reversed. Court agree with defendant that counts 1 and 7 must be reversed. Court affirm the judgment in all other respects.
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