P. v. Palacio CA3
Appointed counsel for defendant Francis Martin Palacio has filed an opening brief that sets forth the facts of the case and asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall order the correction of some errors in the abstract of judgment and affirm the judgment.
We provide the following brief description of the facts and procedural history of this appeal after a remand for resentencing. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
A jury convicted defendant of several sexual offenses and the trial court sentenced defendant to serve a state prison term of 90 years to life. Defendant appealed, raising several issues, and this court remanded for resentencing, concluding only “one of the counts of sexual penetration or rape should have been imposed consecutively to the oral copulation and kidnapping for purposes of rape while the remaining counts of sexual penetrati
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