P. v. Rubio CA4/2
This is defendant and appellants Juan Enrique Rubio’s second appeal in this case. After this case was remanded following defendant’s first appeal (People v. Rubio (Sept. 19, 2019, E071145) [nonpub. opn.] (Rubio)), the trial court resentenced defendant to 26 years in prison for the convictions of continuous sexual abuse of a child under 14 years of age on or about March 1, 2003 through July 1, 2003 (Pen. Code, § 288.5, subd. (a) ; count 1); sexual penetration with a child under the age of 18 years on or about July 2, 2003 through March 1, 2004 (§ 289, subd. (h); count 2); oral copulation with a child under the age of 18 years on or about July 2, 2003 through March 1, 2004 (§ 288a, subd. (b)(1), renumbered § 287, subd. (b)(1); counts 3 & 4); and commission of a lewd act upon a child under 14 years of age on or about July 2, 2003 through March 1, 2004 (§ 288, subd. (a); count 5).
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