Lopez

Certified for Partial Publication. [*]

Defendant invited neighborhood boys over to his house, then played a pornographic video for them. While one of the boys was lying prone, watching the video, defendant grabbed him by the waist and "pump[ed] him" up and down, to show him "how it's going to feel when you're with a girl" — i.e., to simulate sex. He then did the same thing to a second boy.

As a result, a jury found defendant guilty on two counts of a nonforcible lewd and lascivious act on a child under 14 (Pen.Code, § 288, subd. (a)), two counts of annoying or molesting a child (Pen.Code, § 647.6, subd. (c)(2)), and one count of using pornography to seduce a minor (Pen.Code, § 288.2, subd. (a)). Defendant admitted a multiple-victim special circumstance for purposes of the one strike law (Pen.Code, § 667.61). Defendant also admitted a prior sexual offense, for purposes of the habitual sexual offender law (Pen.Code, § 667.71), the three strikes law (Pen.Code, §§ 667, subd. (b)-(i), 1170.12), and a prior serious felony enhancement (Pen.Code, § 667, subd. (a)). Defendant was sentenced to 61 years to life in prison.

Defendant contends that the trial court, after…