People v. Molina CA2/7

INTRODUCTION

Hector Francisco Molina contends that the trial court deprived him of his Sixth Amendment right to a jury trial on his eligibility for probation before the court sentenced him to indeterminate life terms under former Penal Code section 667.61.1 We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A jury convicted Molina on four counts of committing lewd acts upon a child in violation of section 288, subdivision (a). In counts 1, 2, and 3, the jury found Molina guilty of sexually molesting his five-year-old granddaughter on three separate occasions in 2004 and 2005. In count 4, the jury found Molina guilty of sexually molesting a three- year-old guest in his home in 2011. The jury found true the multiple victim circumstance allegation as to each count. (§ 667.61, subd. (e).) Pursuant to section 667.61, the “one strike” law, the trial court denied Molina probation and sentenced him to an aggregate state prison term of 40 years to life, consisting of a term of 25 years to life on count 4, a consecutive term of 15 years to life on count 1, and concurrent terms of 15 years to life on counts 2 and 3. Molina timely appealed.

DISCUSSION

Molina argues that his indeterminate…