P. v. Motuga
A jury convicted defendant Chris Motuga of all four counts of which he was accused in the operative information: (1) continuous sexual abuse of a child under the age of 14 (Pen. Code, § 288.5, subd. (a));[1] (2) lewd act on a child under the age of 14 (§ 288, subd. (a)); (3) lewd act on a child who was 14 or 15 years old and at least 10 years younger than defendant (§ 288, subd. (c)(1)); and (4) assault with the intent to commit oral copulation (§ 220). The jury also found multiple victim allegations to be true pursuant to the “One Strike†law (§ 667.61, subds. (b), (e)(4); see Stats. 2006, ch. 337, § 33, pp. 2163-2165 [version of statute apparently utilized by court in citing § 667.61, subd. (e)(5) for multiple victim enhancement]), as count 1 pertained to victim No. 1 and count 2 pertained to victim No. 2. The court sentenced defendant to a total prison term of 34 years to life. Although we affirm the judgment of conviction, we reverse the judgment with regard to defendant’s sentence and remand for resentencing.
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