People v. Busane CA2/6

Filed 6/6/22 P. v. Busane CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B315478 (Super. Ct. No. LA078878) Plaintiff and Respondent, (Los Angeles County)

v.

MANUEL BUSANE,

Defendant and Appellant.

A jury found Manuel Busane guilty of two counts of forcible lewd acts on a child (Pen. Code,1 § 288, subd. (b)(1)) and two counts of nonforcible lewd acts on a child (id., subd. (a)). The jury also found true allegations that Busane committed his crimes against multiple victims. (§ 667.61, subds. (b), (c)(4) & (8), (e)(4).) In a bifurcated proceeding, the trial court found true allegations that Busane suffered two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and two prior serious felony convictions (§ 667, subd. (a)), and that he served

1 Statutory references are to the Penal Code.

five prior prison terms (§ 667.5, subd. (b)). It sentenced him to consecutive terms of 58 years to life in state prison on the forcible lewd acts convictions (15 years to life on each conviction, tripled to 45 years because of the prior strikes, an additional 10 years for the prior serious felonies, and an additional three years for three of the five prior prison terms), and stayed the sentences on the nonforcible lewd acts convictions. On appeal, this court reversed Busane’s nonforcible lewd acts convictions, and remanded for the trial court to exercise its newfound discretion to strike or impose the four five-year serious felony enhancements it imposed previously. (People v. Busane (Feb. 11, 2019, B283564) [nonpub. opn.] [2019 WL 513586 at p. [6]