What is the appropriate sentence for a defendant convicted of a violation of section 288.2, subdivision (a)(1) of the California Criminal Code?

Pursuant to a written plea agreement, defendant agreed to plead no contest to counts 1 through 5 in exchange for the dismissal of the remaining 13 counts and a sentencing lid of seven years eight months. The agreement does not expressly state whether, as to count 1, defendant would plead no contest to a violation of subdivisions (a)(1) or (a)(2) of section 288.2. However, in selecting the sentencing lid of seven years eight months, the parties contemplated that defendant would plead to a violation of section 288.2, subdivision (a)(1). Under the terms of the agreement, the trial court was authorized to impose a maximum term of seven years eight months, calculated as follows: an upper term sentence of five years on count 1 (i.e., an upper term sentence for violating section 288.2, subdivision (a)(1), plus consecutive eight-month sentences (one-third the midterm) on counts 2, 3, 4, and 5. (See People v. Rodriguez (2012) 207 Cal.App.4th 204, 211-212 [Sentencing for determinate terms involves a three-step procedure; first, the trial court is required to select a base term, either the statutory low, middle or upper term, for each of the crimes, second, if the court determines that a consecutive sentence is merited, it must designate the crime with the "greatest" selected base term as the principal term and the other crimes as subordinate terms, and third, the court sentences the defendant to the full base term it selected for the principal term crime and one-third of the middle term for any crimes for which the sentence is ordered to run consecutive].)