P. v. Larez
A jury convicted appellant Santiago Larez of sodomy of a person under age 16 by a person over age 21 (Pen. Code, 286, subd. (b)(2)[1]; count 1), committing a lewd and lascivious act against a child age 14 or 15 by a person at least 10 years older ( 288, subd. (c)(1); count 2) and continuous sexual abuse of a child ( 288.5; count 3). The court imposed a prison term of 19 years, consisting the 16-year upper term on count 3 and the three-year upper term on count 1. The court imposed a concurrent three-year upper term on count 2. On appeal, appellant contends (1) the imposition of the upper terms and the consecutive sentences violated his rights under the Fifth, Sixth and, Fourteenth Amendments to the United States Constitution, and (2) the imposition of the upper terms violated the federal and California constitutional prohibitions of ex post facto laws. Court affirm.
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