Acosta

Defendant, Robert Ralph Acosta, was charged by information in Riverside County with, inter alia, committing a lewd and lascivious act on a minor (Pen. Code, § 288, subd. (a)) between July 2001 and February 2002 in San Bernardino County and committing a lewd and lascivious act on another minor between January and August 2007 in Riverside County. It was further alleged that defendant was subject to 15-year-to-life sentences under section 667.61, subdivision (e)(5) because he committed violations of section 288, subdivision (a) against two victims. Following defendant’s demurrer to the information, the trial court dismissed the allegation under section 667.61, subdivision (e)(5), finding it violated the proscription against ex post facto laws, and ordered it stricken. The People appeal from that order. We agree with them and reverse the trial court’s order.

Issue and Discussion

At the time defendant committed the San Bernardino offense, former section 784.7 provided, in pertinent part, “When more than one violation of Section . . . 288 . . . occurs in more than one jurisdictional territory, and the defendant and the victim are the same for all of the offenses, the…