P. v. Battle
A jury convicted defendant, David Lee Battle, of continuous sexual abuse of a child (Pen. Code,[1] § 288.5, subd. (a)) (count 1) and lewd act on a child of 14 or 15 years where defendant was at least 10 years older (§ 288, subd. (c)(1)) (count 4). The trial court found defendant had incurred a prior continuous sexual abuse conviction within the meaning of sections 667, subdivisions (a)(1) and (b) through (i), 667.51, subdivisions (a) and (b), 667.6, subdivisions (a) and (e)(6), 667.61, 667.71 and 1170.12. Defendant was sentenced to an indeterminate term of 50 years to life plus a determinate term of 16 years. We modify the judgment with respect to presentence custody credit and remand with directions to strike two enhancements.
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