People v. Palacio CA3

BACKGROUND

According to this court’s previous opinion, defendant’s then eight-year-old daughter testified at trial to numerous instances of molestation. Defendant vaginally penetrated her with his penis five or six times and put his penis on her buttocks six or seven times. The daughter saw defendant ejaculate. Defendant told her he would give her whatever she wanted if she did not tell. A friend of the daughter testified that defendant played videos of naked adults for them. Defendant denied molesting the daughter. (Palacio, supra, C027314.) The jury convicted defendant on four counts of lewd and lascivious conduct with a child under the age of 14 (§ 288, subd. (a)). In a bifurcated proceeding, the trial court determined that defendant had two prior serious felony convictions (§ 667, subd. (a)), two prior strike convictions (§§ 667, subd. (b)-(i), 1170.12), and a prior prison term (former § 667.5, subd. (b)). The trial court sentenced defendant to an indeterminate prison term of 100 years to life, plus a determinate term of 11 years. The indeterminate sentence consisted of four consecutive terms of 25 years to life for the lewd and lascivious conduct. The determinate sentence…