P. v. Espinoza CA2/4
A jury convicted Romelio Espinoza of three counts of oral copulation or sexual penetration involving a child 10 years of age or younger (Pen. Code, § 287, subd. (b); counts 2, 3, & 6) and five counts of lewd or lascivious acts involving a child under the age of 14 (§ 288, subd. (a); counts 1, 4, 5, 7, & 8). The jury also found true allegations that Espinoza’s crimes were committed against more than one victim (§ 667.61, subds. (b), (c), & (e); counts 1, 4, 5, 7, & 8). The trial court sentenced him to the low term of three years on count four plus 105 years to life in state prison on the remaining counts. On appeal, he claims evidentiary and sentencing error. We affirm the conviction, vacate the sentence, and remand for resentencing.
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