People v. Navabarrera CA2/6

Facts The specific details of appellant’s numerous, serious sex offenses are not relevant to this appeal, because the only issue he raises relates to trial court’s exercise of its sentencing discretion. Briefly stated, A.R. and J.R. are siblings. Appellant became a friend of their parents. When their mother moved to San Luis Obispo County with A.R. and J.R., appellant visited them frequently. The children were often home alone because their mother worked long hours. Appellant took advantage of that situation to repeatedly sexually assault both children. He also video recorded and photographed himself assaulting both children.

2 In its presentence report, the probation department recommended the trial court impose a sentence of 140 years to life, plus a determinate term of 2 years, 8 months for the two offenses appellant committed after J.R. turned 14. The probation department noted that “pursuant to PC 667.6(d)(1), a full, separate, and consecutive term shall be imposed for each violation of an offense specified in subdivision (e) if the crimes involve separate victims.” It did not classify the lewd act offense committed against A.R. as one of the offenses for which a consecutive…