People v. Zaldana
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Defendant appealed his sentence imposed after being convicted of six counts involving the molestation of his two daughters. The court rejected defendant's contention that his "multiple victim" finding could only justify two terms of 15 years to life for each victim, and held that five "one strike" terms were permitted based on the multiple victim aggravating circumstance.
However, the court held that the trial court imposed an unauthorized sentence because the one strike law required five terms of 25 years to life under Penal Code section 667.61, subdivision (j)(2). The court found that defendant had constitutionally sufficient notice of this possible longer sentence from the information. Accordingly, because the trial court had discretion to run three of those 25-year-to-life terms concurrently and consecutively, the court remanded for resentencing.
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