Cabral

A jury convicted appellant, Gregory Cabral, of the following crimes: two counts of penetration by a foreign object (Pen. Code, § 289, subd. (a) , counts l and 3), sodomy (§ 286, subd. (c), count 2), four counts of rape (§ 261, subd. (a)(2), counts 4, 5, 8, and 9) two counts of oral copulation upon a child under the age of 14 (§ 288a, subd. (c), counts 6 and 7), six counts of lewd or lascivious acts upon a child under 14 (§ 288, subd. (b), counts 10-15 ) and one count of continuous sexual abuse of a child (§ 288.5, count 16). The jury also found that in the commission of each offense appellant occupied a position of special trust and committed an act of substantial sexual conduct, within the meaning of section 1203.066, subdivision (a)(9). The court imposed an aggregate sentence of 39 years, with the lower term of 6 years on the section 288.5 violation designated as the principal term.

On appeal, appellant contends (1) the resident child molester statute (§ 288.5) and its implementing instruction (CALJIC No. 10.42.6) unconstitutionally deprived him of his right to unanimous jury findings, (2) his conviction under section 288.5 constituted an unconstitutional ex post facto…