P. v. Smith
Robert A. Smith appeals from the judgment entered following his no contest plea to six counts of continuous sexual abuse with a child under the age of 14 years, counts 1-6 (Pen. Code, 288.5, subd. (a)); two counts of unlawful sexual intercourse with a minor under the age of 16 years, counts 7 and 8 (Pen. Code, 261.5, subd. (d)); unlawful sexual intercourse with a minor, count 9 (Pen. Code, 261.5, subd. (c)); and using a minor for sex acts, count 10 (Pen. Code, 311.4, subd. (c)).[1] He was sentenced to prison for 48 years consisting of in count 1, the upper term of 16 years; in counts 2 and 3, two consecutive terms of 16 years; in counts 4, 5, and 6, 16 years each, concurrent; in counts 7 and 8, four years each, concurrent; and in counts 9 and 10, three years each, concurrent. Appellant contends the convictions in counts 2, 3, 4, 5, and 6 must be reversed, and that the trial court erred in calculating his presentence credits. For reasons stated in the opinion we reverse appellants convictions in counts 2 through 6 and remand the matter to the trial court with directions to dismiss counts 2 through 6, to set aside the sentence and resentence appellant on the remaining counts, and to award appellant additional days of presentence credits. Additionally, we direct the trial court to impose a court security fee pursuant to Penal Code section 1465.8 for each conviction.
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