People v. Quintana CA2/4

Filed 10/22/15 P. v. Quintana CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B260991

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA091434) v.

VICTOR MANUEL QUINTANA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert M. Martinez, Judge. Affirmed in part, and remanded with directions. Jennifer Hansen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerard A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION This matter is before us for a second time. Appellant initially was sentenced to 66 years to life. He appealed, and on August 19, 2014, this court affirmed the convictions and remanded the matter for resentencing. At the resentencing hearing, the trial court sentenced appellant to 43 years in state prison, consisting of several upper-term sentences. Appellant noticed an appeal, contending that the trial court abused its discretion in imposing the upper terms. For the reasons stated below, we find no error in the imposition of the aggravated terms. Additionally, the People request that this court correct certain clerical errors in the minute order and abstract of judgment. We will remand with directions to make the requested corrections.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY Appellant Victor Manuel Quintana was convicted of committing lewd acts 1 upon a child, I.D. (Pen. Code, § 288, subd. (a); counts 1, 2 & 4), continuous sexual abuse, by engaging in three or more specified acts against I.D. and her sister, A.D. (§ 288.5, subd. (a); counts 3 & 5), and attempted forcible lewd acts upon a child, A.D. (§§ 288, subd. (b)(1)/664; count 6). At the resentencing hearing, the trial court noted: “This case involved multiple acts of abuse against children that started at an age as young as five and continued for multiple years. It involved touching. They involved having the children touch him, and they all involved and were directed to his own self- gratification. The children were extremely young, extremely vulnerable. . . .” The trial court found “no mitigating circumstances,” and initially imposed a total term of 52 years in state prison. 1 All further statutory citations are to the Penal Code, unless otherwise stated.