Hill

People v. Hill

Good Law
185 Cal. App. 3d 831·1986 Cal. App. LEXIS 2043·230 Cal. Rptr. 109
Court of Appeal of CaliforniaSeptember 19, 1986No. B016757California2,075 words

Opinion

Lead Opinion

Ashby, J.

Appellant Sterling Hill appeals from a resentencing he contends was erroneous. We find the trial court resentence proper and affirm the judgment.

*833 Appellant pleaded guilty to four counts of child molestation. (Pen. Code, § 288, subd. (a).) 1 These counts were numbered I, II, VI, and VII. 2 The molestations referred to in counts I and II were committed against the 13-year-old daughter of appellant’s live-in girlfriend. Counts VI and VII refer to appellant’s molestation of his own 11-year-old daughter.

The trial court originally sentenced appellant to a 16-year aggregate term. On count I, the principal term, the trial court sentenced appellant to the upper term of eight years. On count VI he was also given an eight-year term to run consecutively with count I. Appellant received midyear terms of six years each on counts II and VII, to run concurrently with count I.

Subsequently, the court was notified by the Department of Corrections that the sentence was erroneous. 3 According to the trial court’s understanding of the error, the 16-year consecutive sentence was illegal; the maximum consecutive sentence for those 4 counts was 14 years. 4 The court resentenced…

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