Busane

Manuel Busane appeals from the judgment after a jury convicted him of two counts of forcible lewd acts on a child ( Pen. Code, 1 § 288, subd. (b)(1) ) and two counts of nonforcible lewd acts on a child ( § 288, subd. (a) ), and found true allegations that he committed his crimes against multiple victims (§ 667.61, subds. (b), (c)(4) & (8), (e)(4) ). The trial court found true allegations that Busane suffered two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d) ) and two prior serious felony convictions (§ 667, subd. (a) ), and that he served five prior prison terms (§ 667.5, subd. (b) ). It sentenced him to 116 years to life in prison. The court awarded Busane 1,040 days of actual custody credits and no presentence conduct credits.

Busane contends: (1) insufficient evidence supports his forcible lewd acts on a child convictions, (2) the trial court should have instructed the jury on the lesser included offenses of forcible lewd acts, (3) the court should have instructed the jury on the prohibition of dual convictions for alternative charges, (4) we should remand the case to permit the court to exercise its discretion to impose or strike the serious felony…