Madera

Introduction

Ramiro Guerra Madera stands convicted of two counts of burglary (Pen. Code, § 460, subd. I), five counts of lewd and lascivious acts with a child under the age of fourteen (§ 288, subd. (a)), two counts of oral copulation (§ 288a, subd. (c)) and three counts of sodomy (§ 286, subd. (c)). The convictions stem from conduct involving Madera and several minor males between September of 1987 and November of 1989. Madera was sentenced to state prison for a total fixed term of 23 years.

I., II

III.

Did the Trial Court Violate Section 654 by Punishing Madera for “Undefined Lewd Acts” Underlying the Convictions in Counts XI and XIV?

The Issue

Eleven-year-old Josh W. testified to three separate incidents or specific time periods in which Madera engaged in one or more of the following types of conduct: touching or rubbing Josh’s penis, engaging Josh in oral copulation with him, and sodomizing Josh. As to the last incident (between Oct. 23, 1989, and Oct. 27,1989), the jury convicted Madera of a lewd and lascivious act (count VIII) but acquitted him of oral copulation and sodomy (counts IX and X, respectively). As to the other two incidents or series of incidents…