Rodriguez

In 2001 an amended information charged defendant and appellant Jose Louis Rodriguez (defendant) with four counts of lewd and lascivious conduct upon a child under the age of 14 in violation of Penal Code section 288, subdivision (a). Counts 1 and 2 alleged the victim to be defendant’s daughter, C., and counts 3 and 4 alleged the victim to be defendant’s daughter, I. It was further alleged that the lewd acts in counts 1 through 4 involved substantial sexual conduct on a victim under the age of 14, and were committed on more than one victim at the same time and in the same course of conduct within the meaning of sections 1203.066, subdivisions (a)(7) and (a)(8), and 667.61, subdivision (b).

A jury found defendant guilty of all four counts as charged and found true the special allegations. The trial court sentenced defendant to state prison for a total indeterminate term of 60 years to life.

In January 2003 we issued an opinion affirming the conviction. Defendant filed a petition for review with the California Supreme Court. The Supreme Court denied the petition on March 24, 2003; that same day, we issued a remittitur. However, on July 5, 2004, we granted defendant’s…