People v. Rubio CA4/2

I.

INTRODUCTION

This is defendant and appellants Juan Enrique Rubio’s second appeal in this case.

After this case was remanded following defendant’s first appeal (People v. Rubio (Sept.

19, 2019, E071145) [nonpub. opn.] (Rubio)), the trial court resentenced defendant to

years in prison for the convictions of continuous sexual abuse of a child under 14 years of 1 age on or about March 1, 2003 through July 1, 2003 (Pen. Code, § 288.5, subd. (a) ;

count 1); sexual penetration with a child under the age of 18 years on or about July 2,

2003 through March 1, 2004 (§ 289, subd. (h); count 2); oral copulation with a child

under the age of 18 years on or about July 2, 2003 through March 1, 2004 (§ 288a, subd.

(b)(1), renumbered § 287, subd. (b)(1); counts 3 & 4); and commission of a lewd act

upon a child under 14 years of age on or about July 2, 2003 through March 1, 2004

(§ 288, subd. (a); count 5).

Defendant contends the trial court erred during resentencing by imposing a full

consecutive sentence on count 5 under section 667.6, subdivision (e) because section

667.6, subdivision (e) did not go into effect until 2006, after the charged offenses.

Defendant argues that,…