People v. Beasley CA4/2

INTRODUCTION

Defendant and appellant Jamal Beasley was charged by information with two

counts of sexual intercourse or sodomy with a child under 10 years old by a person

years or older. (Pen. Code,1 § 288.7, counts 1 & 2.) He initially accepted a plea

agreement, under which he pled guilty to two counts of forcible rape (§ 261,

subd. (a)(2)), in exchange for a 26-year sentence and dismissal of the original charges.

He subsequently withdrew his plea and proceeded to trial on the original charges. A jury

found him guilty of both counts. A trial court sentenced him to consecutive terms of

years to life, for a total sentence of 50 years to life in state prison.

On appeal, defendant contends: (1) the court punished him for electing to go to

trial by imposing a more severe sentence than the pretrial offer; and (2) his restitution and

parole revocation fines should be reduced to $200. The People concede, and we agree,

that the restitution fines should be reduced. Otherwise, we affirm the judgment.

FACTUAL BACKGROUND

The victim was 14 years old at the time of trial. Defendant was her uncle. When

the victim was six years old, defendant sexually molested her twice when…