Adams

Appellant Dean Julius Adams was convicted of multiple counts of sexual assault with various enhancements. He was sentenced to a term of 59 years in state prison. He raises four issues on appeal: (1) the conviction was based on partially false testimony; (2) the provision of Penal Code section 868.5 for “support persons” for sexual assault victims is unconstitutional; (3) the trial court’s instruction on “acting in concert” misstated the law by implying that “aiding and abetting” was synonymous with “acting in concert”; and (4) there was sentencing error. We agree there is sentencing error, modify the judgment, and affirm.

Facts

On October 20, 1990, 16-year-old Jamie M. got off work 2 hours early at the Taco Bell in Gilroy. Her father was not home to receive her telephone call to pick her up, so she stayed at the Taco Bell to eat.

While she was eating, she saw appellant, a coworker, and Santiago Ponce, one of the managers, drive up. Jamie enjoyed a mild on-the-job flirtation with appellant, “[ljike bumping into him, teasing, joking around, [fl] [ ] [I]f I was passing by, I would kind of nudge him to the side.” Jamie also flirted with other people, but she ignored…