Rodriguez

Introduction

Appellant was convicted of child molestation. He was sentenced as a recidivist to eight years in prison with a ten-year enhancement.

Appellant claims error on the basis of the enhancement only. His appeal raises the following two issues: first, whether the trial court erred by allowing the prosecution to reopen its case at the sentencing hearing and submit additional proof of appellant’s two prior convictions for sex offenses; and second, whether the trial court is precluded from imposing enhancements for both prior convictions on the ground that a specific finding was made only on one of them.

We hold in light of the significance of the new evidence the court did not abuse its discretion by reopening the case. We also hold that since the trial court, by clear implication, found both prior convictions were true, enhancements may be imposed for both of them.

I. Facts and Proceedings Below

An amended information charged appellant with child molestation in violation of Penal Code section 288, subdivision (a) and with two prior convictions of child molestation, also in violation of section 288, subdivision (a). One of these alleged prior convictions occurred…