People v. Sanchez CA3

Filed 7/25/22 P. v. Sanchez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C094863

Plaintiff and Respondent, (Super. Ct. No. 20CF04301)

v.

GABRIEL LAMAR SANCHEZ,

Defendant and Appellant.

Defendant Gabriel Lamar Sanchez admitted to sexually abusing the minor victim over several years and pleaded no contest to continuous sexual abuse of a child under 14 years of age.1 He was sentenced to the upper term of 16 years in state prison. On appeal, defendant contends recently enacted changes to Penal Code section 1170,2 effective

1Pursuant to the California Rules of Court, rule 8.90, governing “Privacy in opinions,” we refer to the mother and minor victims by their initials only. 2 Undesignated statutory references are to the Penal Code.

1

January 1, 2022, necessitate a remand for resentencing; the People agree. We remand for resentencing.3 BACKGROUND Defendant, born in September 1993, was charged with forcible rape of a child under 14 years of age (§ 261, subd. (a)(2)), showing pornography to a minor (§ 288.2, subd. (a)(2)), possession of child or youth pornography (§ 311.11, subd. (a)), and continuous sexual abuse, from December 2013 to February 2016, of a child under 14 years of age (§ 288.5, subd. (a)). Defendant pleaded no contest in an open plea to continuous sexual abuse of a child under 14 years old and the remaining counts were dismissed with a Harvey4 waiver. The probation report was stipulated as the factual basis for the plea. The probation report, which relied on the police reports, stated defendant had lived with A.Y. and her two daughters, C.Y. and K.M., for about a year and a half and A.Y. said during that time, “defendant was a ‘father figure’ to both of her daughters.” During an interview, K.M. described defendant raping her when she was 12 years old by covering her mouth with his hand while she slept on the couch when A.Y. was away and C.Y. was sleeping in another room. The probation report also included a summary of sexually explicit messages exchanged between defendant and another mother posing as her underage daughter. During the exchange, defendant said, “K.M. suffered from ‘daddy issues’ before he was introduced to her and she subsequently looked to him as a father, which made it hard for him to be close to her.” But he admitted he “ ‘gave into [K.M.’s] wishes’ ” and had sex with her. He “ ‘lost count’ ” how many times they had sex after that, telling the mother,