P. v. Lopez
Defendant and appellant Gabriel Cabrera Lopez (defendant) appeals after a jury convicted him of multiple sex crimes involving two victims; he received a sentence of 90 years to life. Defendant claims ex post facto protections barred both his “One Strike†law sentences on four counts of forcible lewd acts on a child (Pen. Code, § 288, subd. (b))[1] and his very conviction for aggravated sexual assault of a child (§ 269). This is because, he argues, the jury could not have concluded beyond a reasonable doubt that he committed the offenses after the date the relevant statutes became effective—November 30, 1994. The People concede and, we agree, that two of the four forcible lewd act counts should be vacated and the matter remanded for resentencing on those counts because the evidence did not establish beyond a reasonable doubt that appellant committed these offenses on or after November 30, 1994. However, we conclude that an additional count of forcible lewd acts should also be remanded for resentencing, for the same reason. We affirm the convictions, and sentences on the remaining counts, including the conviction for aggravated sexual assault of a child.
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