People v. Diaz CA4/3

INTRODUCTION

Following a bench trial, the court found Mario Alberto Diaz, Sr., guilty of one count (count 1) of oral copulation of a child who is 10 years of 1 age or younger (Pen. Code, § 288.7, subd. (b)) , one count (count 2) of sexual penetration of a child who is 10 years of age or younger (ibid.), and five counts (counts 3 through 7) of lewdly committing a lewd or lascivious act upon a child who is under 14 years of age (Pen. Code, § 288, subd. (a)). The trial court sentenced Diaz to a term of 15 years to life on count 1, a consecutive term of 15 years to life on count 2, a consecutive upper term of eight years on count 3, and concurrent middle terms of six years on each of counts 4 through 7. Diaz’s sentence amounted to a determinate term of eight years followed by a consecutive indeterminate term of 30 years to life with the possibility of parole. In a prior opinion, People v. Diaz (Nov. 14, 2022, G059723) [nonpub. opn.], we affirmed the judgment. In February 2023, the California Supreme Court granted Diaz’s petition for review and deferred further action in this matter pending disposition of a related case. In August 2024, the Supreme Court issued an opinion in that…