P. v. Llamas
David Llamas Llamas appeals the judgment following his convictions for aggravated sexual assault (rape) of a child under the age of 14 (J. G.) (Pen. Code, § 269, subd. (a)(1)),[1] continuous sexual abuse of a child under the age of 14 (J. G.) (§ 288.5, subd. (a)), lewd act upon a child of 14 (J. G.) (§ 288, subd. (c)(1)), continuous sexual abuse of a child under the age of 14 (Y. G.) (§ 288.5, subd. (a)), and lewd acts upon a child of 14 and 15 (Y. G.) (§ 288, subd. (c)(1)). Llamas was sentenced to three consecutive terms of 15 years to life in prison for the aggravated sexual assault and the two counts of continuous sexual abuse. He was also sentenced to three years for the lewd act against a child of fourteen and eight months for lewd acts upon a child of fourteen and fifteen.
Llamas contends that the trial court erred in sentencing him to consecutive 15 years to life terms for the two counts of continuous sexual abuse (§ 288.4) by failing to understand it had discretion to impose concurrent sentences. Llamas also contends the trial court erred in awarding restitution to a victim of an uncharged crime, issuing a no-contact order (§ 1202.05), and miscalculating presentence custody credit. We will modify the judgment regarding the restitution, no-contact order and custody credits. The judgment, as modified, is affirmed.
Comments on P. v. Llamas