People v. Ham CA2/2

Filed 12/3/21 P. v. Ham CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B312245

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA062771) v.

ROBERT CARL HAM,

Defendant and Appellant.

THE COURT: In 2015, Robert Carl Ham (appellant) was convicted in a jury trial of five counts of committing a lewd act with a child under age 14 (Pen. Code, § 288, subd. (a); counts 1 and 3-6),1 one count of continuous sexual abuse of a child under age 14 (§ 288.5, subd. (a); count 2), one count of committing a forcible lewd act with a child under age 14 (§ 288, subd. (b)(1); count 7), one count

1 All further statutory references are to the Penal Code unless otherwise indicated.

of rape by means of force, violence, duress, menace, or fear of bodily injury (§ 261, subd. (a)(2); count 8), one count of furnishing marijuana to a minor under age 14 (Health & Saf. Code, § 11361, subd. (a); count 10), and one count of committing a lewd act with a child who is 14 or 15 years old when the perpetrator is at least 10 years older (§ 288, subd. (c)(1); count 11). The jury found true allegations that appellant committed an offense specified in section 667.61, subdivision (c) against more than one victim for purposes of section 667.61, subdivisions (b) and (e)(4). On counts 1 through 8, the trial court sentenced appellant to state prison for eight consecutive terms of 15 years to life. However, the sentence on count 7 was stayed pursuant to section 654. Regarding count 10, the trial court sentenced appellant to a consecutive determinate term of five years. As to count 11, the trial court sentenced appellant to a consecutive determinate term of eight months. The parties stipulated that appellant would pay $3,288 to C.B. The trial court advised him that he had the right to a 2