Rojas

People v. Rojas

Bad Law
188 Cal. Rptr. 3d 811·2015 Cal. App. LEXIS 540·237 Cal. App. 4th 1298
Court of Appeal of CaliforniaJune 22, 2015F067157California3,923 words

Opinion

Opinion

Gomes, J.

A Fresno County jury found Benjamin Rojas guilty of sexually abusing his young stepdaughter in violation of Penal Code sections 288.5 and 288.7 (all further statutory references are to the Penal Code). Rojas was sentenced to 40 years to life in prison pursuant to section 288.7, subdivisions (a) and (b). A 12-year prison term was imposed for the section 288.5 conviction and stayed pursuant to section 654.

Appellant’s claims fall into three general categories: instructional error, procedural error, and sentencing error. With respect to instructional error, his briefs contain multiple arguments stemming from the trial court’s use of a modified version of CALCRIM No. 207. We address these arguments in turn as they pertain to each of his three counts of conviction. The claims of procedural error and sentencing error are moot in light of our conclusion that the conviction under section 288.7, subdivision (a) must be reversed. However, this partial reversal of the judgment invalidates the stay that was ordered pursuant to section 654. We therefore remand the matter for resentencing on the section 288.5 conviction. The judgment is otherwise affirmed.

FACTUAL AND PROCEDURAL…

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