Error and/or relief
The court erred in sentencing the defendant for a term in prison that had not yet been enacted at the time of the crime.
First Holding:
On September 9, 2010, the Chelsea King Child Predator Prevention Act of 2010 went into effect, significantly increasing the penalties for sex crimes against minors by imposing longer determinate sentences, indeterminate sentences for some crimes, and longer parole restrictions.
The penalty for continuous sexual abuse of a minor under section 288.5 changed from 25 years to life from the former sentence of 15 years to life.
Authority:
People v. Soto (2011) 51 Cal.4th 229, 237, fn. 4
In re Vaquera (2024) 15 Cal.5th 706, 713-714 [The amendment to section 667.61 added subdivision (j)(2)to increase the penalty to 25 years to life]
Second Holding:
Our state and federal Constitutions prohibit ex post facto laws. Any law that applies to events occurring before its enactment and which disadvantages the offender either by altering the definition of criminal conduct or increasing the punishment for the crime is prohibited as ex post facto.
The offenses the jury found defendant had committed against the victim necessarily occurred prior to when she turned 14 years of age prior to the effective date of Chelsea’s Law. Thus, the increased punishment under Chelsea’s Law effective on September 9, 2010, was not applicable, and the court erred in imposing a 25-year-to-life sentence. The sentence is vacated, and the matter is remanded for further proceedings.
Authority:
People v. Rojas (2015) 237 Cal.App.4th 1298, 1306