P. v. Keith
A 17-year-old girl reported that defendant Joseph Arthur Keith had sexual intercourse with her at least twice when she was under the age of 14 and that he was the father of her four-year-old child. Defendant was convicted of two counts of lewd and lascivious conduct on a child under the age of 14 (Pen. Code, 288, subd. (a)), with substantial sexual contact as to each count (Pen. Code, 1203.066, subd. (a)(8)). Finding defendant had two prior serious or violent felonies within the meaning of the three strikes law, the court sentenced him to prison for 50 years to life.
Defendant appealed. He asserted, the People conceded, and this court agreed that one of the prior felony convictions alleged as to count II had to be stricken because it took place after the conduct alleged in count II and, thus, could not be used for sentencing on that count. Accordingly, this court struck the felony conviction in 1994 as to count II only, remanded the matter for resentencing, and otherwise affirmed the judgment. (People v. Keith (Oct. 22, 2004, C039846) [nonpub. opn.].)
The judgment is modified by striking the Penal Code section 1202.45 fine. As modified, the judgment is affirmed. The trial court is directed to amend the abstract of judgment to reflect this modification and to forward a certified copy of the amended abstract to the Department of Corrections and Rehabilitation.
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