Guido

Defendant Pedro Guido stands convicted by a jury of five counts of aggravated sexual assault of a child by rape (Pen. Code, § 269, subd. (a)(1); all unspecified statutory references are to the Penal Code), one count of aggravated sexual assault of a child by oral copulation (§ 269, subd. (a)(4)), and 10 counts of lewd acts with a child by force (§ 288, subd. (b)(1)). The trial court sentenced him to consecutive terms of 15 years to life for each of the sexual assault convictions and to consecutive terms of six years each for the 10 convictions of lewd acts with a child. His determinate term is thus 60 years and his indeterminate term is 90 years to life. He appeals claiming error in the instructions, cumulative error, and error under Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403, 413-414 , 124 S.Ct. 2531 ] (Blakely).

Noting an error in the abstract, we affirm the judgment.

Facts

The victim, M., is defendant’s niece. At the time of trial in April 2003, M. was 13 years old. Her 14th birthday was in May 2003. At the time of trial defendant was 36 or 37 years old.

When M. was eight, her family, including her mother, her father, her maternal grandmother, her…