People v. Arey CA5

STATEMENT OF THE CASE

Arey was charged in an amended information with 20 counts of lewd and lascivious acts on a child under 14 (Pen. Code,1 § 288, subd. (a)). Counts 1 through 18 involved victim M.Y., count 19 involved victim J.S., and count 20 involved victim B.S. In connection with all counts, the information alleged the crimes involved multiple victims within the meaning of section 667.61, subdivisions (b) and (e). It also alleged as to all counts except count 18 that the victims were under the age of 14 years and Arey had substantial sexual contact with them (§ 1203.066, subd. (a)(8)). A jury convicted Arey on all counts and found true all special allegations. On May 26, 2023, Arey was sentenced to consecutive terms of 15 years to life on each count for a total sentence of 300 years to life. The court also imposed, among other fines and fees, a $1,000 fine under section 294, subdivision (b). The court set a restitution hearing date. Arey filed a notice of appeal from the judgment. On October 27, 2023, the trial court held the restitution hearing. The court awarded $853,361.46 in restitution. This included $750,000 in noneconomic damages under section 1202.4, subdivision…