P. v. Low CA4/2
Defendant and appellant Matthew Lyons Low was charged by third amended information with five counts of committing a lewd act upon a child under the age of 14 (Pen. Code , § 288, subd. (a), counts 1-5), and one count of continuous sexual abuse of a child (§ 288.5, subd. (a), count 6). A jury found defendant guilty of all counts. A trial court sentenced him to the low term of three years each on counts 1 through 5, to run consecutive to the middle term of 12 years on count 6, for a total of 27 years in state prison.
Defendant filed a timely notice of appeal. The People subsequently pointed out that the court erred in imposing the terms on counts 1 through 5 pursuant to section 667.6. Thus, the court corrected its error and resentenced defendant to the middle term of six years on count 1, one-third the middle term (or two years) on counts 2 through 5, consecutive, plus a consecutive middle term of 12 years on count 6, for a total of 26 years in state prison. We now affirm.
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