P. v. Ornelas CA5
Appellant Roy Ornelas was convicted of six counts of committing forcible lewd and lascivious acts on a child under the age of 14 years in violation of Penal Code section 288, subdivision (b)(1) and one count of continuous sexual abuse of a child under the age of 14 years under section 288.5. The trial court sentenced Ornelas to an aggregate determinate term of 36 years in prison. Ornelas was ordered to serve the middle term of six years for each of the six counts of committing forcible lewd and lascivious acts to be served consecutively. The court imposed an additional eight months for a violation of probation in a separate case to be served consecutively. The court dismissed the continuous sexual abuse conviction pursuant to People v. Johnson (2002) 28 Cal.4th 240, 245 (Johnson).
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