People v. Sanchez CA5

INTRODUCTION

Appellant Francisco Sanchez was convicted by jury of two counts of committing a lewd and lascivious act with a child under the age of 14 (Pen. Code,1 § 288, subd. (a).) In addition, the jury found that Sanchez had committed the offense against multiple victims. (§ 667.61, subd. (e)(4).) Sanchez was sentenced to an aggregate term of 50 years to life in state prison. We affirmed Sanchez’s conviction on direct appeal. (See People v. Sanchez (Mar. 17, 2022, F077527) [nonpub. opn.].) Sanchez filed a petition for review, which was granted. Following our Supreme Court’s decision in In re Vaquera (2024) 15 Cal.5th 706 (Vaquera), the high court transferred this case back to us with directions to vacate our decision and reconsider the cause in light of Vaquera. The parties filed supplemental briefs, which we have considered. Sanchez contends, and the Attorney General concedes, that he is entitled to resentencing. We agree that Sanchez’s sentence must be reversed in light of our Supreme Court’s decision in Vaquera, which makes clear that the charging instrument here was insufficient to put Sanchez on notice that the prosecutor was seeking imposition of a prison term of 25 years…