California Court of Appeal

Defendant's conviction and sentence for committing sexual abuse against his granddaughter when she was 13 to 14 years old are reversed as to counts for continuous sexual abuse and for committing a lewd act upon a child where there was no substantial evidence that the assaults occurred within the statutory time periods. Moreover, remand is necessary to permit the trial court to resentence on the rape conviction under the law as it existed at the time of the offense, and on the Blakely issue where the trial court relied on aggravating factors that were not found by a jury to impose the upper term on the rape conviction.

Appellate Information

• Decided 09/12/2007
• Published 09/12/2007

Judges

• KRIEGLER, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Richard A. Levy, under appointment by the Court of Appeal, Torrance, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Victoria B. Wilson and John Yang, Deputy Attorneys General, for Plaintiff and Respondent.