P. v. Boone CA3
Defendant Nicky Wayne Boone sexually abused two of his brother’s stepsons, J.M. and J.B. He was convicted by jury of three counts of oral copulation with a child who is 10 years of age or younger (Pen. Code, § 288.7, subd. (b)), three counts of committing a lewd or lascivious act on a child who is under the age of 14 years (id., § 288, subd. (a)), and one count of possession of child pornography (id., § 311.11, subd. (a)). With respect to the counts of lewd or lascivious conduct, the jury also found multiple victim special allegations to be true. (Id., § 667.61, subd. (b).) In a bifurcated hearing, defendant admitted he was previously convicted of a serious felony offense, i.e., rape of an unconscious person. (Id., §§ 1170.12, 1192.7, subd. (c)(3).) The trial court sentenced him to serve an aggregate determinate prison term of six years eight months consecutive to an aggregate indeterminate term of 90 years to life and imposed other orders.
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