People v. Pena-Catalan CA1/5

I. BACKGROUND

A. Procedural History On April 13, 2018, appellant was charged with the following with respect to Jane Doe 1: attempted forcible rape of a child over 14 years old (Penal Code1 § 664, 261; counts 1 and 2), forcible oral copulation of a child over 14 years old (§ 288a, subd. (c)(2); count 3), lewd act upon a child of 14 or 15 years of age (§ 288, subd. (c)(1); counts 4–6), lewd act upon a child under 14 years old (§ 288, subd. (c); counts 7–9). With respect to Jane Doe 2, appellant was charged with forcible lewd act upon a child under 14 years old (§ 288, subd. (b)(1); counts 10–13) and lewd act upon a child of 14 or 15 years of age (§ 288, subd. (c)(1); count 14). Counts 3 and 7 to 13 were enhanced with a special allegation that appellant committed the acts against more than one victim. (§ 667.61, subds. (b), (e).) On April 15, 2019, the jury convicted appellant of all charges and found the special allegation of multiple victims true. On June 14, 2019, the trial court sentenced appellant to consecutive terms of 15 years to life imprisonment on counts 3 and 7 to 13. Concurrent terms were imposed on the remaining counts. Appellant’s total term of imprisonment was 120…