P. v. Garcia CA4/3
In March of 2016, a jury found Isidro Medrano Garcia committed three lewd acts on a child 14 or 15 years old while he was at least 10 years older than the child (Pen. Code, 288, subd. (c)(1)) in 2004. The court sentenced defendant to an aggregate term of four years four months, consisting of an upper term of three years on one of the counts, and consecutive eight-month terms on each of the two remaining counts. In addition to other fines, the court imposed a $300 sex offense fine pursuant to section 290.3. Defendant contends imposition of an upper term sentence violated his Sixth Amendment right to a jury trial and violated constitutional ex post facto provisions. He also contends the sex offense fine should be reduced to $200, the amount provided by statute at the time he committed the offenses. The Attorney General agrees the sex offense fine should be reduced to $200, the amount provided by section 290.3 in 2004. We accept the concession and will order the judgment amended to
Comments on P. v. Garcia CA4/3