The People v. Reyes CA2/5

Filed 9/23/13 P. v. Reyes CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B245615

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA372655) v.

ROGELIO REYES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, William C. Ryan, Judge. Affirmed. Doris M. LeRoy, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, Chung L. Mar, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION Defendant and appellant Rogelio Reyes (defendant) was convicted of four counts of continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a)1). On appeal, defendant contends that the trial court erred in sentencing him. We affirm the judgment.

BACKGROUND Following a trial, the jury found defendant guilty of four counts of continuous sexual abuse of a child in violation of section 288.5, subdivision (a). In a previous appeal in this case, we remanded the matter for resentencing in our unpublished opinion— People v. Reyes (August 22, 2012, B234552 [nonpub.opn.])—because defendant had been improperly sentenced under section 667.61. Following remand, the trial court sentenced defendant to state prison for an aggregate term of 64 years, consisting of the upper term of 16 years on count 1, and consecutive upper terms of 16 years on each of the remaining three counts. Defendant was awarded a total of 1,014 days of presentence custody credits, consisting of 882 days actual custody credit and 132 days conduct credit.