P. v. Padilla CA2/8
Defendant and appellant Raymond Edward Padilla was found guilty by jury of six felonies. The offenses involved various lewd acts with four different minor girls, including his niece and three of his daughter’s friends. Defendant was sentenced to six consecutive 15-years-to-life sentences pursuant to the One Strike law (Pen. Code, § 667.61).
On appeal, defendant contends the court erred in failing to instruct sua sponte with lesser included offenses as to counts 2, 5 and 6. Alternatively, defendant argues he received ineffective assistance of counsel because trial counsel did not request a lesser included instruction as to those counts. Defendant also raises two sentencing errors. Defendant contends the trial court erred in believing it lacked discretion to impose concurrent sentences as to four of the counts, and in denying him an award of presentence conduct credits.
Respondent contends the sentence imposed is unauthorized and requests remand for resentencing.
We affirm.
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