P.v. Gutierrez
Defendant and appellant Jose Juan Gutierrez, Jr., pled guilty to one count of possession of child pornography. (Pen. Code, § 311.11, subd. (a), count 1.)[1] A jury subsequently found him guilty of one count of sodomy with a child 10 years old or younger (§ 288.7, subd. (a), count 2), one count of oral copulation or sexual penetration with a child 10 years old or younger (§ 288.7, subd. (b), count 3), and 43 counts of committing a lewd or lascivious act upon a child under the age of 14 years (§ 288, subd. (a), counts 4-46). As to counts 2 and 3, the jury made the special finding that those crimes occurred on or before the victim’s tenth birthday. A trial court sentenced defendant to 25 years to life in state prison on count 2, a consecutive 15 years to life on count 3, a consecutive eight months on count 1, and a consecutive two-year term on each of the remaining counts (4-46), for a total of 40 years to life, plus a determinate term of 86 years eight months. The court also awarded defendant 1041 days of presentence custody credits (906 actual plus 135 conduct) under section 2933.1.
Defendant filed a notice of appeal. We affirm.
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