People v. Estrada CA4/2

California Court of Appeal Mar 18, 2021 No. E073597Unpublished

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Holding. The court held that the defendant's convictions for attempted lewd act on a child and annoying or molesting a child arose from an indivisible course of conduct, requiring the sentence for the latter to be stayed under Penal Code section 654.

Issues

Whether the trial court erred by failing to stay the sentence on count 2 pursuant to Penal Code section 654.

Disposition. Affirmed as modified.

Quotations verified verbatim against the opinion

“Section 654 precludes multiple punishments for a single act or indivisible course of conduct.”

“We conclude that the convictions for attempted lewd act upon a child and annoying or molesting a child were based upon the identical conduct. Thus, the sentence on count 2 should have been stayed under section 654.”

Filed 3/18/21 P. v. Estrada CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, E073597

v. (Super.Ct.No. INF1600456)

ENRIQUE SOLORZANO ESTRADA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Anthony R. Villalobos,

Judge. Affirmed as modified.

Jan B. Norman, under appointment by the Court of Appeal, for Defendant and

Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal and Michael

Pulos, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

A jury found defendant and appellant Enrique Estrada guilty of attempting to

commit a lewd and lascivious act on a child under the age of 14 (Pen. Code,1 §§ 664,

288, subd. (a), count 1) and misdemeanor annoying or molesting a child under the age of

People v. Estrada CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

ENRIQUE SOLORZANO ESTRADA, OPINION

INTRODUCTION

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FACTUAL BACKGROUND

DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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