P. v. Garcia
While on probation for robbery, defendant was arrested for and convicted of two charges arising from the same incident: lewd and lascivious act on a child under the age of 14 and burglary. Of the two enhancements alleged, the jury found true only Penal Code section 667.61, subdivision (e)(2),[1]that defendant committed the violation of section 288, subdivision (a) during the commission of a burglary; it rejected the section 667.71, subdivision (d)(4) enhancement that defendant committed the burglary with the intent to violate section 288, subdivision (a).
Court affirm the judgment. Because the abstract of judgment reflects an unauthorized sentence, Court remand for resentencing to permit the court to pronounce sentence on the section 667, subdivision (a) enhancement.
Comments on P. v. Garcia