P. v. Sumner
A jury convicted defendant of five sexual offenses involving his five year old daughter. The trial court found true four additional enhancements, including that defendant was a habitual sexual offender. The court sentenced defendant to a total prison term of 325 years to life. Charging instructional error, defendant challenges his conviction on count 1 for sexual penetration of a child under 14 years of age. ( 289, subd. (j).) Defendant also argues the trial court incorrectly exercised its discretion by denying his Romero motion. The parties agree the abstract of judgment should be corrected to reflect that defendants restitution and parole revocation fines were $200 each, rather than $1,000 each. Court also order the abstract of judgment corrected to reflect defendant should receive a consecutive, not a concurrent, prison term of five years under section 667, subdivision (a). (People v. Dotson (1997) 16 Cal.4th 547, 554, fn. 6.) Otherwise, Court reject defendants contentions and affirm the judgment.
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