California Court of Appeal

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People v. Acosta, E046956

Trial court order dismissing allegations that defendant was subject to 15-year-to-life sentences under Penal Code sec. 667.61 (e)(5) for committing a lewd and lascivious act on a minor against two victims is reversed where the allegation does not violate the proscription against ex post facto laws as the amended version of Penal Code former sec. 784.7 was already in effect when defendant committed the later offense, giving him notice that if he committed such offense he could be tried for both offenses in a unitary trial in Riverside County, thus subjecting him to Penal Code sec. 667.61 (e)(5).

Appellate Information

  • Decided 08/06/2009
  • Published 08/06/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Rod Pacheco, District Attorney, and Matt Reilly, Deputy District Attorney, for Plaintiff and Appellant.

  • For Appellees:
  • Gregory Marshall, Palo Cedro, under appointment by the Court of Appeal, for Defendant and Appellant.
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