People v. Ramirez CA5

INTRODUCTION

A jury convicted defendant of sexual intercourse or sodomy of a child 10 years old or younger (Pen. Code, § 288.7, subd. (a); count 1), oral copulation or sexual penetration of a child 10 years old or younger (§ 288.7, subd. (b); count 2), continuous sexual abuse of a child (§ 288.5, subd. (a); count 3), and lewd and lascivious acts on a child under 14 years old (§ 288, subd. (a); count 4). The jury also found true enhancement allegations to counts 3 and 4 that defendant was convicted of offenses against multiple victims within the meaning of section 667.61, subdivision (e)(4). The court sentenced defendant to 25 years to life on counts 1 and 3, and 15 years to life on counts 2 and 4. Defendant argues his sentence on count 4 was unauthorized because the accusatory pleading did not charge him with the offense of which he was convicted or the multiple victim circumstance enhancement as to that count. He also argues his sentence on count 3 was unauthorized because he was sentenced under Penal Code section 667.61, subdivision (j)(2), though that provision was not referenced in the information. He further argues the jury instructions resulted in prejudicial error because…