Jeffries

In this case we hold that CALJIC No. 2.50.01, as it read prior to its 1999 revision, adequately conveys the People’s burden of proof when it is used with CALJIC Nos. 2.00, 2.01 and 2.50.1. We reject defendant Ralph L. Jeffries’s contention that CALJIC No. 2.50.01 allowed the jury to find him guilty without proof beyond a reasonable doubt. However, we accept defendant’s contention that the case must be remanded for resentencing in light of People v. Deloza (1998) 18 Cal.4th 585 [ 76 Cal.Rptr.2d 255 , 957 P.2d 945 ],

Defendant was convicted of 16 counts of lewd and lascivious acts upon a child under 14 years of age. (Pen. Code, § 288, subd. (a); counts 1-7, 9-17; further statutory references are to the Penal Code unless otherwise indicated.) The jury found true four substantial sexual conduct allegations (§ 1203.066, subd. (a); counts 7, 10, 11 & 12), as well as a habitual sexual offender allegation (§ 667.71, subd. (d)), a serious felony allegation (§ 667) *18 and a “second strike” allegation (§§ 667, subds. (b)-(i), 1170.12), which were based on defendant’s 1979 conviction of violation of section 288. He was sentenced to state prison for a determinate term of 25 years…