P. v. Milutinovich CA4/3
A jury convicted Michael Brian Milutinovich of attempted lewd act on a child under the age of 14 (Pen. Code, §§ 664, 288, subd. (a); count 1), and arriving at an arranged meeting place for the purpose of lewd activity with a minor (§§ 288.4, subd. (b); count 2). The court sentenced defendant to the upper term of four years on count 2, and imposed a consecutive one-year term on count 1.
Defendant argues the court abused its discretion by admitting evidence of prior uncharged sexual offenses, and the court violated section 654’s prohibition against double punishment by imposing a consecutive one-year term on count 1.
We conclude the court properly admitted three instances of prior uncharged sexual offenses. The Attorney General concedes the court’s sentence violates section 654, and we accept the Attorney General’s concession. We modify the judgment to impose a section 654 stay on count 1. In all other respects, the judgment is affirmed.
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