Alvarez

Appellant Francisco Javier Alvarez was convicted after a court trial of a forcible lewd act upon a child under 14 years (Pen. Code, § 288, subd. (b); count 2), lewd acts upon a child under 14 years (§ 288, subd. (a); counts 3, 4), an,d forcible rape (§ 261, subd. (a)(2); counts 5, 6). The trial court also found the one strike allegation under the so-called “one strike” sex offender law.(§ 667.61, subd. (e)(5)) to be true as to each count. The court sentenced appellant to two consecutive 15-year-to-life terms, with the remaining terms to run concurrently.

Appellant contends that (1) the trial court erred in dismissing a count for continuous sexual abuse of a child under age 14 (§ 288.5, subd. (a)), rather than the three counts for lewd acts upon the same child, (2) application of the one strike law to any of the counts violates the ex post facto clauses of the California and United States Constitutions, and (3) the one strike law is inapplicable to the lewd conduct counts of which appellant was convicted, and those counts should have been dismissed instead of the continuous sexual abuse count, which was not subject to the one strike law.

Because we conclude that…