P. v. Sanchez CA2/4
Appellant Javier Sanchez appeals from a 46 year prison sentence following his convictions on one count of continuous sexual abuse of a child between March 1, 2015 and August 31, 2015, three counts of oral copulation of the same victim during that period, and three counts of sexual abuse of a child between September 1, 2015 and September 23, 2015. He contends it was error to charge him in the information with continuous sexual abuse and the three counts of oral copulation on the same victim during the same period, without charging the counts in the alternative. He contends the convictions on the separate counts should be vacated. Respondent concedes the charging error, but argues that the trial court has discretion to vacate either the continuous sexual abuse count or the three separate oral copulation counts. Respondent requests that this court remand the matter for resentencing. For the reasons set forth below, we agree with respondent.
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