P. v. First
Defendant David Duain First, a man in his 60's, admitted that he engaged in multiple sexual contacts with two young sisters who were under 14 years of age. A jury convicted defendant of 40 violations of committing a lewd and lascivious act. (§ 288, subd. (a).) The court sentenced him to an indeterminate prison term of 15 years to life under section 667.61.
On appeal, defendant protests the trial court's failure to give a unanimity instruction. The People argue the case should be remanded for resentencing because defendant was eligible for 40 terms of 15 years to life, or 600 years to life.
We reject defendant's claims of instructional error and affirm the judgment but remand for resentencing by the trial court according to the proper exercise of its discretion.
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