P. v. Din CA4/1
Dion E. Din pleaded guilty to two counts of committing a lewd act against a minor in violation of Penal Code section 288, subdivision (a). The superior court sentenced him to the middle term of six years in prison for the first count and added a consecutive term of two years—one-third of the middle term—for the second count, for an aggregate term of eight years in prison. On appeal, Din contends the court abused its discretion in issuing the sentence because it incorrectly concluded the following two aggravating factors applied: (1) Din took advantage of a position of trust in committing the crimes and (2) Din was not remorseful for his actions. The People assert Din forfeited these arguments by failing to object to the court's reliance on these factors at the sentencing hearing. We conclude Din did not forfeit these arguments, but that the superior court did not abuse its discretion in sentencing Din. We therefore affirm the judgment.
Comments on P. v. Din CA4/1