P. v. Gil
A jury convicted defendant and appellant Alan Gil of seven counts of committing a lewd act upon a child (Pen. Code, § 288, subd. (a)[1])—four counts with respect to victim L.R. and three counts with respect to victim C.R.—and one count of possessing matter depicting a minor engaging in sexual conduct (§ 311.11, subd. (a)). With respect to the committing a lewd act upon a child offenses, the jury found true the allegations that there were multiple victims. (§ 667.61, subd. (b).) The trial court sentenced defendant to 33 years to life in state prison. The trial court imposed a three year term with respect to the possession of matter depicting a minor engaging in sexual conduct offense. As to each of the remaining offenses, the trial court sentenced defendant to terms of 15 years to life—imposing consecutive terms on two of the offenses and concurrent terms on the remaining offenses. Among other fines, the trial court imposed on defendant a $300 sexual offender fine. (§ 290.3.)
On appeal, defendant contends that his consecutive terms of 15 years to life are cruel and/or unusual punishment and that the abstract of judgment must be modified to reflect that he was sentenced to a term of 15 years to life on count eight (one of the committing a lewd act upon a child offenses) and not on count six (the possession of matter depicting a minor engaging in sexual conduct offense). We asked the parties to submit supplemental letter briefs addressing whether the trial court erred in failing to impose on the section 290.3 fine a mandatory penalty assessment pursuant to section 1464, subdivision (a)(1); a mandatory state surcharge pursuant to section 1465.7, subdivision (a); a mandatory state court construction penalty pursuant to Government Code section 70372, subdivision (a); and a mandatory penalty assessment pursuant to Government Code section 76000, subdivision (a)(1), and the proper amount of any such penalty, surcharge, or assessment. We affirm defendant’s sentence and order the abstract of judgment modified to reflect that defendant received a term of 15 years to life on count eight and not on count six and that defendant is to pay a $300 mandatory section 1464, subdivision (a)(1) penalty assessment; a $60 mandatory state surcharge pursuant to section 1465.7, subdivision (a); a $90 mandatory state court construction penalty pursuant to Government Code section 70372, subdivision (a)(1); and a $210 mandatory penalty assessment pursuant to Government Code section 76000, subdivision (a)(1).
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