Hunter

I. Introduction

Following a remand for resentencing pursuant to People v. Belmontes (1983) 34 Cal.3d 335 [ 193 Cal.Rptr. 882 , 667 P.2d 686 ], appellant Joseph Scott Hunter again appeals. Appellant contends that the trial judge erred when he (1) personally passed on the motion to disqualify him; (2) failed to consider a full and complete supplemental sentencing report; and (3) resentenced appellant without complying with Belmontes and other required sentencing procedures.

II. Statement of the Case

Appellant was found guilty by a jury of seven sexual offenses, based on two separate incidents, one in April 1981 with Lauren L. and one in May 1981 with Lorie D. and Michelle L. .At his first sentencing proceeding, appellant was sentenced to the upper term on all counts for an aggregate term of 42 years. As to count VII, the upper term of three years was to run concurrently with that of count III, and was stayed pending service of the other terms.

Appellant appealed. Division One of this court, in an unpublished opinion, affirmed the conviction but remanded the matter for resentencing “. . . in the light of . . . section 654, People v. Belmontes, supra, 34 Cal.3d 335 , and…