P. v. Castro
A jury found appellant and defendant Jose Manuel Castro guilty of two counts of burglary (Pen. Code, 459, counts 1 & 3),[1]and two counts of committing a lewd act upon a child under 14 years old. ( 288, subd. (a), counts 2 & 4.) The jury also found true the enhancement allegations that, as to counts 2 and 4, defendant was a stranger to the child ( 1203.066, subd. (a)(3)), and he engaged in substantial sexual conduct with the child. ( 1203.066, subd. (a)(8).) In addition, as to count 4, the jury found true the allegation that defendant entered an inhabited dwelling with the intent to commit a violent sexual offense specified in section 667.61, subdivision (c), within the meaning of section 667.61, subdivision (d)(4). However, as to count 2, the jury found this same allegation not true, but did find true the allegation that defendant committed a violent sex offense during the commission of a burglary, within the meaning of section 667.61, subdivision (e)(2). The trial court sentenced defendant to state prison for 25 years to life on count 4 and a consecutive term of 15 years to life on count 2. The court stayed the sentences on the remaining counts under section 654. On appeal, defendant contends that: 1) there was insufficient evidence to support the burglary conviction in count 1; and 2) the minute order should be corrected to reflect that, as to count 2, the jury found not true the allegation that he entered the house with the intent to commit a violent sex offense. The People correctly concede that the minute order should be amended. Otherwise, Court affirm.
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