P. v. Hoyle CA2/8
David Wayne Hoyle appeals from a judgment which sentences him to 115 years to life in state prison for the sexual and physical abuse of three children. We find the trial court erroneously believed it lacked discretion to impose concurrent sentences on counts 1-5 and 8. In addition, the trial court erred in that it failed to impose a mandated sentence of 25 years to life on counts 5 and 8 under Penal Code section 667.61, subdivision (j)(2). We therefore remand for resentencing.
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