People v. Rojas
Annotate this CaseDefendant was convicted of multiple counts related to his sexual abuse of his young stepdaughter. Defendant was sentenced to 40 years to life in prison, and a 12-year prison term was imposed for a Penal Code section 288.5 conviction and stayed pursuant to section 654. On appeal, defendant alleged instructional errors, procedural errors, and sentencing errors. In regards to the claims of instructional error, the court concluded that because the record allows for reasonable doubt over whether Count 2 (a conviction under section 288.5) was based on an act that occurred on or after September 20, 2006, the conviction and accompanying sentence must be reversed.The court rejected defendant's remaining claims of instructional error. The court concluded that claims of procedural error and sentencing error are moot in light of its conclusion that the conviction under section 288.7, subdivision (a) must be reversed. However, this partial reversal of the judgment invalidates the stay that was ordered pursuant to section 654. Accordingly, the court remanded for resentencing on the section 288.5 conviction. The court otherwise affirmed the judgment.
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