P. v. Gumienny CA4/1
In 2009, the People charged Gumienny with one count of oral copulation or sexual penetration with a child 10 years old or younger (§ 288.7, subd. (b)) and 10 counts of lewd or lascivious acts upon a child under age 14 (§ 288, subd. (a).) He pled guilty to one count of sexual penetration with a child under 10 years of age (§ 288.7, subd. (b); count 1) and one count of a lewd act upon a child under age 14 (§ 288, subd. (a); count 2), and the People dismissed the remaining counts. As part of the plea agreement, the parties agreed to a stipulated prison sentence of 21 years to life.
The court sentenced Gumienny to an indeterminate term of 21 years to life on count 1 and a determinative, concurrent term of six years on count 2. In 2017, a correctional case records analyst notified the court that there was an error in sentencing on count 1 and asked the court to clarify the sentence.
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