P. v. Grenfell
In Tulare County Superior Court case No. VCF238446, a jury convicted defendant Aeron Wesley Grenfell of three counts of committing a lewd or lascivious act against C.C. when she was under 14 years old (Pen. Code,[1] § 288, subd. (a); counts 1-3); nine counts of committing a lewd or lascivious act against M.T. when she was under 14 years old (§ 288, subd. (a); counts 4-12); two counts of committing a lewd or lascivious act against M.T. when she was 14 years old and at least 10 years younger than defendant (§ 288, subd. (c)(1); counts 13-14); and one count of attempting to forcibly rape M.T. (§§ 261, subd. (a)(2), 664; count 15). With respect to counts 1 through 7 and 9 through 11, the jury found there were multiple victims (§ 667.61, subd. (b)); and, with respect to counts 3, 6 through 9, and 11 through 12, that defendant had substantial sexual conduct with the victim (§ 1203.066, subd. (a)(8)). As to counts 1 through 14, the court found defendant was previously convicted of an enumerated sex offense (§ 667.51, subd. (a)).
As a result of his conviction in Tulare County Superior Court case No. VCF238446, defendant was found to have violated the terms and conditions of his probation in Tulare County Superior Court case No. VCF187242. In that case, defendant pleaded no contest in 2007 to committing a lewd or lascivious act on a child 14 years old and at least 10 years younger than him (§ 288, subd. (c)(1)) and contributing to the delinquency of a minor (§ 272, subd. (a)(1)). A two-year prison term was imposed and suspended, and he was placed on five years’ probation on condition, inter alia, that he obey all laws.
On May 12, 2011, defendant was sentenced in both cases to an aggregate term of 18 years plus 120 years to life, and he was ordered to pay restitution and various fees, fines, and assessments. In addition, he was prohibited from visiting any victim under the age of 18 (§ 1202.05), and was ordered to have no contact of any sort with the victims. He now appeals, raising claims of trial and sentencing error.[2] We affirm in part, reverse in part, and remand for partial resentencing.
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