P. v. Guzman CA3
Defendant Santos DeJesus Portillo Guzman sexually preyed upon his daughters for a period of time. A jury found him guilty of one count of continuous sexual abuse of a child as to each daughter (Pen. Code, § 288.5, subd. (a)) and at least one additional sex crime as to each daughter. The trial court sentenced defendant to a determinate term of 10 years plus 130 years to life in prison.
In the first round of appellate briefing, defendant argued that under section 288.5, subdivision (c) (hereafter section 288.5(c)), he cannot be convicted of continuous sexual abuse and also specific felony sex offenses against the same victim when the crimes are alleged to have occurred in the same time period. He argued a specified count must be reversed as to each victim because those counts charged the lesser offense in terms of penalty as to each daughter. The People agreed.
After the matter was fully briefed, we requested supplemental briefing from the parties, asking whether, in light of People v. Go
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