P. v. Guzman CA3
A jury found defendant Santos De Jesus Portillo Guzman guilty of committing multiple sex crimes against his two daughters, including continuous sexual abuse of a child under 14 years old (Pen. Code, § 288.5, subd. (a)) and sexual penetration by force or duress of a minor over the age of 14 (§ 289, subd. (a)(1)(C); count VIII). The trial court sentenced defendant to a determinate term of 10 years in prison--the upper term of the applicable triad--on count VIII, plus 130 years to life in prison on the other offenses.
In our prior unpublished opinion of April 16, 2021, we agreed with the parties that under section 288.5, subdivision (c), defendant could not properly be convicted of continuous sexual abuse and also specific felony sex offenses against the same victim when the crimes were alleged to have occurred in the same time period. We reversed defendant’s convictions on two counts (one for each victim), vacated defendant’s sentence, and remanded the matter for resentencing. (See
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