P. v. Delacruz
A jury convicted defendant of two counts of child molestation (counts 1 & 2Pen. Code, 288, subd. (a)),[1]three counts of forcible rape (counts 3-5 261, subd. (a)(2)), forcible child molestation (count 6 288, subd. (b)), unlawful sexual intercourse (count 7 261.5, subd. (c)), and battery (count 8 242). In addition, the jury found that defendant committed the offenses charged in counts 1 through 6 against more than one victim within the meaning of section 667.61, subdivision (e)(5). The court sentenced defendant to an aggregate term of two years, plus a consecutive term of 75 years to life consisting of 15 years to life on count 1, 15 years to life concurrent on count 2, 15 years to life consecutive on counts 3 through 6 each, two years consecutive on count 7, and 180 days in county jail with credit for time served on count 8. On appeal, defendant argues that the court mistakenly believed it was required to impose consecutive sentences on counts 3 through 6 and the matter must, therefore, be remanded for resentencing in exercise of the courts discretion to impose either consecutive or concurrent sentences. We find that the court properly imposed the mandated consecutive sentences on counts 3 through 6. Defendant further contends the court erred in imposing a concurrent 15-year-to-life term on count 2. The People concede the issue. Court agree and, therefore, remand the matter for resentencing on count 2.
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