People v. Lisanti CA6

I. INTRODUCTION

Pursuant to a plea agreement, defendant Robert Joseph Lisanti pleaded no contest to lewd or lascivious act on a child under the age of 14 (Pen. Code, § 288, subd. (a))1 and assault with intent to commit forcible sodomy (§ 220, subd. (a)). The trial court imposed an aggregate sentence of six years. Defendant asserts that the trial court erred by applying custody credits exclusively to one count instead of to his aggregate sentence, and that the abstract of judgment contains clerical errors. We will affirm the judgment, ordering certain corrections to the abstract of judgment.

1 All further statutory references are to the Penal Code.

II. BACKGROUND

The facts regarding defendant’s crimes are not relevant to the issues presented on appeal. Following a preliminary hearing, defendant was charged by information with two counts: sodomy by force, violence, duress, menace, or fear (§ 286, subd. (c)(2)(A); count 1); and lewd or lascivious act on a child under the age of 14 (§ 288, subd. (a); count 2). The information alleged that defendant committed the offenses against multiple victims (§ 667.61, subds. (b) & (e)), that aggravating circumstances applied to each of…