People v. Murcia CA4/3

FACTS

Details of the crimes for which a jury found defendant guilty are not relevant to the issues raised in this appeal. It suffices to say, defendant and her then husband regularly sexually abused two minors over the course of at least two years.

2 The jury convicted defendant of seven counts of sexual penetration and oral copulation with a child 10 years old or younger (Pen. Code, § 288.7, subd. (b); counts one through seven)1, which each carried an indeterminate prison term, and one count of procuring a child to engage in a lewd act (§ 266j; count 10), which carried a determinate sentencing triad from which the court could select in accordance with section 1170, subdivision (b). Defendant requested a court trial on seven aggravating factors alleged by the People. They included: (1) “the crime[s] involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness”; (2) “[t]he victim was particularly vulnerable”; (3) “defendant induced others to participate in the commission of the crime[s] or occupied a position of leadership or dominance of other participants in [their] commission”; (4)…