People v. Zaldana CA2/8

DISCUSSION

In our prior opinion, we concluded the Information provided Zaldana with adequate notice that he faced possible imprisonment for the longer prison terms of 25 years to life. We noted that in regard to the longer possible sentence, the Information alleged “within the meaning of Penal Code section 667.61[, subdivisions] (b) and (c)(4), as to defendant, BEDAVID ZALDANA, . . . the following circumstances apply: The defendant in the present case committed an offense specified in Section 667.61[, subdivision] (c) against more than one victim.” For each count, the jury found the multiple victim circumstance true. In finding the Information provided adequate notice, we noted that

3 the reference in the Information to section 667.61, subdivision (b) was critical because section 667.61, subdivision (b) cross- references and directs the reader to subdivision (j)(2) and its longer prison term. Because the Information alleged both his daughters were under the age of 14 when Zaldana molested them, we found Zaldana was undoubtedly on notice that he could be subject to the longer terms provided by subdivision (j)(2). We expressly cited to and relied on the Court of Appeal decision in…