Quintanilla

People v. Quintanilla

Good Law
170 Cal. App. 4th 406·2009 Cal. App. LEXIS 65·87 Cal. Rptr. 3d 889
Court of Appeal of CaliforniaJanuary 22, 2009B203825California2,833 words

Opinion

Opinion

The jury found defendant and appellant Nery Quintanilla guilty of two crimes against a child, whom we refer to as A. — aggravated sexual assault (rape) and a forcible lewd act (Pen. Code, §§ 269, subd. (a)(1), 288, subd. (b)). The trial court imposed an indeterminate term of 15 years to life for the aggravated sexual assault and a consecutive low term of three years for the forcible lewd act. In his timely appeal, defendant contends the court abused its discretion by imposing a full consecutive sentence under section 667.6, subdivision (c). He also challenges the imposition of a consecutive sentence as a violation of his Sixth Amendment right to a jury trial.

We affirm.

STATEMENT OF FACTS

Prosecution

A. Charged Offenses

A. was 13 years old on March 31, 2006. Her mother, A.B., lived with A. and her siblings in an upstairs apartment in Los Angeles. Defendant was a longtime resident of the apartment building, whom A.B. had seen and greeted many times. Whenever defendant saw A., he would ask, “how is your family?”

At approximately 4:00 p.m., A. went outside to take out the trash. There were two ways of reaching the apartment building’s trash receptacle…

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