People v. Quintana CA2/4

INTRODUCTION

Victor Quintana appeals from a judgment and sentence, following his convictions for attempting to commit and committing lewd acts upon two children and for continuous sexual abuse of the two victims. He contends his life sentences on three counts should be vacated and the matter remanded for resentencing, as the life sentences violated ex post facto principles. He further contends that his sentence on one count should be reduced from four years to three years. The People agree that the life sentences were unauthorized, but contend that the four- year prison sentence fell within the trial court’s discretion. For the reasons stated below, we affirm the convictions and remand for resentencing.

PROCEDURAL HISTORY

In an amended information, appellant was charged in counts 1 and 2 with committing lewd acts upon a child (victim I.D.) between March 30, 1999 and 1 March 29, 2000 (Pen. Code, § 288, subd. (a)). In count 4, he was charged with committing lewd acts upon I.D. between March 30, 2005 and March 29, 2008 (§ 288, subd. (a)). In count 3, appellant was charged with continuous sexual abuse of I.D. between March 30, 2000 and March 29, 2005 (§ 288.5, subd. (a)). In count…