The People v. Bacha CA4/3

Filed 9/20/13 P. v. Bacha CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G046373

v. (Super. Ct. No. 10NF2074)

SAMMY BACHIR BACHA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, James Edward Rogan, Judge. Affirmed as modified. Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina and Joy Utomi, Deputy Attorneys General, for Plaintiff and Respondent. Upon being convicted of multiple child sex crimes, appellant was sentenced to an indeterminate prison term of 180 years to life under the Three Strikes law. He

contends that because he will not be able to serve his sentence within his lifetime, it is cruel and unusual as a matter of law. He also makes an unopposed request that we modify the abstract of judgment to reflect the trial court’s ruling on the issue of victim restitution. We grant the request to amend the abstract and affirm the judgment in all other respects. FACTS We need not set forth a detailed statement of facts to resolve appellant’s sentencing claim because, as he admits, it involves a “pure question of law” and is “not fact-based.” Suffice it to say, the record shows appellant repeatedly sexually molested his girlfriend’s daughter when she was 10 and 11 years old. He was convicted of six counts of lewd conduct with a child and one count of attempting to commit a lewd act on a child. (Pen. Code, §§ 288, subd. (a), 664.)1 As to four of the counts, the jury found appellant had substantial sexual conduct with the victim, thus prohibiting a grant of probation. (§1203.066, subd. (a)(8).) In a bifurcated proceeding, the trial court found true allegations appellant had previously been convicted of one serious felony and six violent “strike” felonies. (§ 667, subds. (a), (d), (e)(2)(A).) The court also found appellant had served a prior prison term. (§ 667.5, subd. (b).) Pursuant to the Three Strikes law, the trial court imposed consecutive terms of 25 years to life on each of the underlying counts. It then added a five-year term for the prior serious felony conviction, bringing appellant’s total term of imprisonment to 180 years to life.