Valdez

Defendant German Maldonado Valdez appeals from the judgment entered following a jury trial that resulted in his conviction for continuous sex abuse of a child under the age of fourteen (count 1, Pen. Code, § 288.5) and five lewd acts with the same child (counts 2 to 6, § 288, subd. (a)) consisting of two acts of sodomy and three of oral copulation. It was also found that as to the section 288 violations, appellant had occupied a position of special trust (§ 1203.066, subd. (a)(9)) and his victim was under the age of 11 years. (§ 1203.066, subd. (a)(8).) He was sentenced to the high term of 16 years upon the section 288.5 charge. Consecutive terms of equal length were imposed for the section 288 violations, and then stayed in compliance with the mandate of section 654. He contends: “I. The convictions as to counts 2 through 6 must be reversed because Penal Code section 288.5 prohibits prosecution of any other felony sex offense occurring with the same victim during the same period of time as charged in the 288.5 prosecution. II. A remand for resentencing is required because the court relied on impermissible factors and factors not established by a preponderance of the…