Valdez

A jury found defendant and appellant Juan Manuel Valdez guilty of seven counts of lewd and lascivious acts upon a child in violation of Penal Code section 288, subdivision (a). 1 The three victims—Crystal (counts 1 and 2), Jessica (counts 3 through 6), and Irene (count 8)—were the grandchildren of Valdez’s girlfriend. 2 As to each count, the jury found defendant committed the offense against more than one victim pursuant to the one strike law set forth in section 667.61, subdivision (b). The trial court applied the one strike law and sentenced defendant to consecutive terms of 15 years to life on counts 1, 3, 6, and 8, two of which involved Jessica, along with concurrent terms of 15 years to life for the remaining three.

In his timely appeal, defendant contends it was impermissible to impose multiple one strike sentences for convictions as to Jessica where the only aggravating circumstance was the multiple-victim factor under the applicable version of section 667.61. According to defendant, the 1998 version of the one strike law permitted the imposition of only one indeterminate term as to each victim. Alternatively, defendant contends imposition of mandatory consecutive…