People v. Lopez CA2/8

Good Law
Court of Appeal of CaliforniaAugust 25, 2021B306060California746 words

Opinion

Opinion

Wiley, J.

facts because this appeal concerns a legal sentencing issue. We follow their lead. We note Lopez, who is over 70 years old, faces a prison sentence of 125 years to life for his crimes against his step- granddaughters. Specifically, Lopez stands convicted of five counts of oral copulation or sexual penetration with a child 10 years old or younger in violation of section 288.7, subdivision (b) (counts 1 through 5), and two counts of continuous sexual abuse of a child under 14 years old in violation of section 288.5, subdivision (a) (counts 6 and 7). We focus on the latter two counts, which involved two of the step-grandchildren. For each of these counts, the jury found true the allegation that Lopez committed the offense against more than one victim, within the meaning of section 667.61, subdivisions (b) and (e). The trial court sentenced Lopez under section 667.61, the “One Strike” law. This statute provides an alternative, harsher set of penalties for certain sex crimes (including violating section 288.5) committed under specified circumstances (including committing the offense against multiple victims). (§ 667.61, subds. (c)(9) & (e)(4); People v. Mancebo (2002) 27 Cal.4th 735,…

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