People v. VegaLopez CA5

INTRODUCTION

Defendant Abraham VegaLopez was convicted by jury of four counts of continuous sexual abuse of a child under the age of 14 years (Pen. Code, § 288.5, subd. (a)).1 On July 14, 2020, defendant was sentenced to an aggregate determinate term of 40 years as follows: the court imposed the upper term of 16 years on count 1; a consecutive middle term of 12 years on count 2; and two fully consecutive lower terms of six years each on counts 3 and 4. The court imposed a $300 restitution fine, a $160 court operations assessment, and a $120 court facilities assessment. Defendant filed a notice of appeal on August 18, 2020. On the prosecutor’s motion on August 19, 2020, the trial court amended the $300 restitution fine in September 2020 and imposed a $10,000 restitution fine instead. Defendant argues three of these convictions must be reversed and vacated because only one conviction under section 288.5, subdivision (a), is permitted as to a single victim; and defendant maintains the per-conviction court operations and facility assessments must be reduced to account for the reversal of these convictions. Defendant also argues the trial court lacked jurisdiction after the notice of…