P. v. Johnson CA3
A court convicted defendant Marcel Drake Johnson of human trafficking of a minor with intent to pimp and pander, posing a minor for photos involving sexual content, and 12 counts of lewd and lascivious conduct upon a child under the age of 14 years. The court sentenced defendant to state prison for an aggregate term of 28 years, that is, the midterm of eight years for count 9 (human trafficking), consecutive one-third the midterm or two years each for counts 2, 3, 6, 8, and 14 through 19 (lewd and lascivious), and concurrent six-year terms for counts 5 and 7 (lewd and lascivious). The court stayed sentence (§ 654) on count 10 (posing minor for photos). Defendant appeals. He contends (1) insufficient evidence supports his conviction on certain child molestation counts or (2) section 654 required the court to stay sentence on such counts. We will remand to the trial court and otherwise affirm the judgment.
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