California, United States of America
The following excerpt is from People v. Burgos, B256504 (Cal. App. 2015):
On November 3, 2011, a jury convicted defendant of lewd conduct with a minor ( 288, subd. (a)) (count 2) and child molestation with a prior conviction ( 647.6, subds. (a), (c)) (count 3). The jury found true allegations that defendant had: sustained three prior convictions within the meaning of sections 667, subdivisions (b) through (i) and 1170.12; sustained two prior serious felony convictions within the meaning of section 667, subdivision (a)(1); and served one prior separate prison term within the meaning of section 667.5, subdivision (b). On January 24, 2012, defendant was sentenced to 35 years to life in state prison. On appeal, we affirmed defendant's convictions, but remanded for resentencing. (People v. Burgos (Nov. 22, 2013, B238795) [nonpub. opn.].) Upon remittitur issuance, the trial court resentenced defendant pursuant to section 667.71 as to count 2 as follows: 25 years to life, tripled ( 667, subds. (b)-(i), 1170.12); plus 10 years for 2 prior serious felony convictions ( 667, subd. (a)(1)); plus 3 years for a prior separate prison term ( 667.5, subd. (a)); plus 1 year for a prior separate prison term ( 667.5, subd. (b)) which was stayed. As to count 3, defendant was sentenced to 25 years to life, which was tripled. ( 667, subds. (b)-(i), 1170.12.) Also, on count 3, defendant received one year for a prior separate prison term. ( 667.5, subd. (b).) The indeterminate terms imposed as to counts 2 and 3 were ordered to run concurrently.
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