Lathrop

The People appeal from an order granting defendant probation following his conviction, for various sex offenses against three young boys. Since we determine that the trial court had no authority to grant probation, we reverse and remand with directions for resentencing.

Facts

Defendant was convicted by a jury of two counts of oral copulation of a child under 14 years of age and more than 10 years younger than himself (Pen. Code, § 288a, subd. (c)—counts I and IV), and six counts of lewd and lascivious conduct with a child under 14 years of age (Pen. Code, § 288, *1219 subd. (a)—counts II, III, V, VI, VII, VIII). 1 The jury further found that as to the lewd conduct charges in counts II and V, defendant occupied a position of special trust and committed an act of substantial sexual conduct. (§ 1203.066, subd. (a)(9).)

This avoidable appeal concerns the manner in which the trial court resolved a routine section 654 2 problem involving two of appellant’s eight convictions, so as to grant appellant probation.

A single act of oral copulation on Jay G. on September 10, 1983, formed the basis of the charges in counts I and II. A similar act on the same victim on October 6,…