Sutton

People v. Sutton

Good Law
1990 Cal. App. LEXIS 555·220 Cal. App. 3d 1325·270 Cal. Rptr. 149
Court of Appeal of CaliforniaMay 30, 1990No. C006139California812 words

Opinion

Lead Opinion

Carr, J.

Defendant pled no contest to seven counts of committing a lewd or lascivious act on a child under the age of fourteen. (Pen. Code, § 288, subd. (a).) 1 Eighty other counts were dismissed in exchange for defendant’s plea. He was sentenced to the eight-year upper term on one count as the principal term. He received consecutive terms stayed to one-third of the midterm of six years on the other counts, for a total sentence of twenty years. (§§ 288, subd. (a), 1170.1, subd. (a).)

Defendant appeals contending his sentence exceeds statutory limits on the length of consecutive terms. He asserts section 288, subdivision (a) does not define a violent felony which falls outside the five-year limit for *1327 subordinate terms established in section 1170.1. We find no error and affirm.

Twelve years of defendant’s sentence consists of consecutive subordinate terms. Subdivision (a) of section 1170.1 provides generally that subordinate consecutive terms may not total more than five years unless the underlying convictions are for “violent felonies” as defined in section 667.5, subdivision (c). Section 667.5, subdivision (c)(6) expressly provides the term “violent felony” includes “Lewd…

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