The People v. Reyes CA2/5

INTRODUCTION

Defendant and appellant Rogelio Reyes (defendant) was convicted of four counts of continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a)1). On appeal, defendant contends that the trial court erred in sentencing him. We affirm the judgment.

BACKGROUND

Following a trial, the jury found defendant guilty of four counts of continuous sexual abuse of a child in violation of section 288.5, subdivision (a). In a previous appeal in this case, we remanded the matter for resentencing in our unpublished opinion— People v. Reyes (August 22, 2012, B234552 [nonpub.opn.])—because defendant had been improperly sentenced under section 667.61. Following remand, the trial court sentenced defendant to state prison for an aggregate term of 64 years, consisting of the upper term of 16 years on count 1, and consecutive upper terms of 16 years on each of the remaining three counts. Defendant was awarded a total of 1,014 days of presentence custody credits, consisting of 882 days actual custody credit and 132 days conduct credit.

DISCUSSION

Defendant contends that sentencing error occurred because the trial court incorrectly believed that full-term consecutive sentences were…