People v. Lugos CA6

I. INTRODUCTION

A jury convicted defendant Angel Rojas Lugos of two counts of oral copulation with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b); counts 1–2),1 and 14 counts of forcible lewd acts upon a child (§ 288, subd. (b)(1); counts 3–16). The trial court sentenced defendant to consecutive sentences of 15 years to life on each of counts 1 and 2, and to consecutive middle term sentences of eight years on each of counts 3 through 16. Defendant raises three arguments on appeal: (1) substantial evidence does not support his convictions on some of the 14 counts of forcible lewd acts upon a child; (2) the trial court erred by imposing full, consecutive term sentences for each of counts 3 through 16 because the record does not contain substantial evidence that all 14 of the charged acts took place on separate occasions within the meaning of section 667.6,

1 All further statutory references are to the Penal Code. subdivision (d); and (3) the trial court’s imposition of full, consecutive term sentences on counts 3 through 16 violated the Sixth Amendment to the United States Constitution. For the reasons discussed below, we do not agree with defendant’s…