People v. Reese CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In 2020, a jury found defendant guilty on four counts of lewd and lascivious acts with a child under the age of 14 (§ 288, subd. (b)(1); counts 1, 3, 4, and 5) and one count of sodomy with a child 10 years of age or younger (§ 288.7, subd. (a); count 2). In a bifurcated proceeding, the trial court found true the allegation that defendant suffered two prior serious strike convictions (§§ 667, subds (a), (e)(2), 1170.12, subd. (c)(2)). At the sentencing hearing, the trial court denied defendant’s Romero (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) motion to strike his prior strike as well as his request for dismissal or reduction of the five-year prior serious felony

2 enhancements (§ 667, subd. (a)). The court also found defendant took advantage of a position of trust or confidence (Cal. Rules of Court, rule 4.421(a)(11)) and engaged in violent conduct making him a serious danger to society (id., rule 4.421(b)(1)). The trial court sentenced defendant to an aggregate prison term of 40 years plus 165 years to life including 75 years to life for count 2 (25 years to life tripled to 75 years to life for the two prior strikes (§ 667,…