People v. Long CA5

INTRODUCTION

Between May and December 2011, defendant Phillip Gerome Long sexually abused three girls under 10 years old multiple times. A jury convicted defendant of oral copulation with a child under 10 years old (three counts), lewd acts upon a child under 14 years old (six counts), and possession of child pornography. The trial court sentenced defendant to a total term of 396 years to life in prison, including six separate terms of 50 years to life, pursuant to the “One Strike” law (Pen. Code, § 667.61)1 and the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). Defendant contended on appeal that (1) the trial court violated his right to due process by sentencing under the provisions of subdivision (j)(2), which had not been specifically alleged in the amended information; and (2) his sentence of 396 years to life in prison violated the Eighth Amendment bar on cruel and unusual punishment. Defendant also requested we vacate the judgment as to the presentence report fee in light of Assembly Bill No. 1869 (2019–2020 Reg. Sess.) (Assembly Bill 1869). The People argued that the amended information’s reference to subdivisions (b) and (e)(4) adequately provided…