Kirk

Defendant Lawrence Rudy Kirk was convicted of multiple counts of sexual offenses involving a child under the age of 14, and was sentenced to 29 years in prison. We conclude Penal Code section 654 bars multiple punishment for four counts of lewd acts upon a child (Pen. Code, § 288, subd. (a)). We also conclude that the trial court erred in utilizing section 667.6, subdivision (c) to impose a full consecutive term of eight years on defendant’s conviction of violating section 289, subdivision (j). We remand the cause for resentencing.

Facts

Incident on October 19, 1987

Ms. C. and defendant were social friends. While Ms. C. was at work, defendant arrived between 1 and 1:30 p.m, and Melissa, Ms. C.’s 13-year-old daughter, let him in after he identified himself. Defendant prepared hot tea for Melissa. He asked her for a back rub and Melissa complied. Defendant then asked for a hug, but as Melissa gave defendant a hug he touched her breasts through her clothing and gave her a “french kiss.” Defendant pushed her down on the couch and held both of her hands at the wrist. He was able to remove her shirt, bra, pants and underwear. Defendant removed his own clothing. Melissa…