Alvarez

Appellant Jaime Perez Alvarez here invokes People v. Schulz (1992) 2 Cal.App.4th 999 [ 3 Cal.Rptr.2d 799 ] to support his argument the crimes he committed were not accomplished by force. We reject the argument and add our voices to what we perceive to be a chorus of disapproval of the Schulz holding.

Appellant was convicted of six counts of forcible lewd conduct on a child under the age of 14 and two counts of aggravated sexual assault arising from such conduct. Upon finding he had suffered two prior “strike” convictions, the trial court sentenced him to an indeterminate life term, plus 10 years. Appellant contends there is insufficient evidence that, in sexually abusing the victim, he used force above and beyond that attendant to the abuse itself. He also contends the trial court erred in applying Penal Code section 654 to his sentence, and there is insufficient evidence that one of his prior convictions qualifies as a strike. We reject appellant’s challenges to the sufficiency of the evidence, but modify his sentence to comport with section 654. In all other respects, we affirm the judgment.

FACTS

In December 2004, appellant moved in with his girlfriend and her…