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. Sanchez initially raised the following claims on appeal: (1) the trial court erroneously admitted statements and letters of apology written by Sanchez in violation of Miranda2; (2) trial counsel rendered ineffective assistance of counsel by failing to seek to exclude Sanchez’s statements and his letters of apology pursuant to section 1538.5; (3) the trial court’s investigation of potential juror misconduct interfered with the jury’s deliberative process; and (4) his sentence of 25 years to life on each count for committing a lewd act upon a child under the age of 14 violated his due process rights, because he did not receive sufficient notice that he would be sentenced under the One Strike law pursuant to section 667.61, subdivision (j)(2). We affirmed Sanchez’s conviction on direct appeal. (See People v.…