People v. Macauley CA2/7

INTRODUCTION

On remand the trial court sentenced Mohamed Newlove Macauley to the upper term of eight years on a conviction for pimping a minor under the age of 16 years (Pen. Code, § 266h, subd. (b)(2))1 and to consecutive terms of two years on two convictions for pandering a minor under the age of 16 years (§ 266i, subd. (b)(2)). Macauley appeals the trial court’s decisions to impose the upper term on his pimping conviction and a consecutive term on one of the pandering convictions. Macauley argues the trial court’s sentence violated his Sixth Amendment right to a jury trial, the court relied on aggravating factors that were inherent in the commission of the offenses, and the court relied on the same aggravating factors in selecting the upper term on the pimping count that the court relied on in imposing the consecutive sentence on the pandering count. We remand for a recalculation of Macauley’s presentence custody credits, direct the trial court to correct errors in the abstract of judgment, and otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2012, after hearing evidence that Macauley found two 13-year-old girls, S.T. and A.H., who had run away from home and put…