P. v. Fuentes CA4/2
Defendant and appellant Carlos Linares Fuentes appeals from his 135-year-to-life sentence imposed after a jury convicted him in 2016 of nine counts of forcible lewd acts that he committed on his girlfriend’s two young children over a three-year period.
Defendant argues the matter should be remanded for resentencing because: (1) the trial court believed it lacked discretion to impose a sentence of less than 135 years to life, and defense counsel failed to correct the court’s error; (2) the imposition of nine consecutive terms of 15 years to life is cruel and unusual under these facts; and (3) the court erroneously believed the $4,300 sex offense fine was mandatory despite defendant’s lack of ability to pay. As discussed post, we modify the judgment to delete the $4,300 fine, but otherwise affirm.
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