How have courts dealt with sentencing errors in a sexual assault case?

California, United States of America


The following excerpt is from People v. Salazar, B264957 (Cal. App. 2016):

Appellant contends that the trial court erred in imposing upper term sentences on counts 1 through 3.3 Appellant forfeited the error by not objecting at the sentencing hearing. (People v. Scott (1994) 9 Cal.4th 331, 353.) On the merits, there was no sentencing error. The trial court imposed eight-year midterm sentences on counts 1 and 2, and a 10-year upper term on count 3. The probation report, which was read and considered by the trial court, listed six aggravating factors, any one of which justified an upper 10-year term on count 3.4 (People v. Black (2007) 41 Cal.4th 799, 815.) The trial court found that "the victim was particularly vulnerable and that she was your younger

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