Beard

People v. Beard

Good Law
143 Cal. Rptr. 3d 877·2012 Cal. App. LEXIS 804·207 Cal. App. 4th 936·2012 WL 2870549
Court of Appeal of CaliforniaJuly 13, 2012No. C066320California1,975 words

Opinion

Lead Opinion

Raye, J.

Over the course of many years, defendant Michael Beard sexually abused three different minor children, including his daughter. The jury convicted defendant of continual sexual abuse of a minor (Pen. Code, § 288.5, subd. (a)), 1 lewd acts upon a minor (§ 288, subd. (c)), and misdemeanor annoying or molesting a minor (§ 647.6).

In two prior cases, defendant pleaded guilty to one count of sexual battery (Pen. Code, § 243.4, subd. (a)) and one count of felony selling or transporting a controlled substance (Health & Saf. Code, § 11352); he also admitted a prior narcotics conviction (Health & Saf. Code, § 11370.2, subd. (a)).

The court sentenced defendant in all three cases to a total term of 22 years in state prison.

Defendant contends on appeal that the trial court erred in sentencing him to a full, consecutive three-year enhancement for the admitted prior narcotics conviction. He argues that the enhancement should have been limited to a one-year consecutive term pursuant to section 1170.1, subdivision (a). We disagree and shall affirm the judgment.

*939 BACKGROUND

Case No. SF092540A

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