People v. Gaglione

Opinion

DOSSEE, J.

— Defendant was convicted in a jury trial of committing a lewd act upon a child under 14 (Pen. Code, § 288, subd. (a)). The jury also found defendant was a stranger to the victim so as to make him ineligible for probation (Pen. Code, § 1203.066, subd. (a)(3)).

In a bifurcated proceeding the trial court found the allegations of prior convictions to be true so as to make defendant ineligible for probation (Pen. Code, §§ 1203, subd. (e)(5), 1203.066, subd. (a)(5)) and to subject him to a mandatory 15-to-life sentence (Pen. Code, § 667.51, subd. (d)).

Defendant was sentenced to…