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The People v. Michael Beard

July 13, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MICHAEL BEARD, DEFENDANT AND APPELLANT.



APPEAL from a judgment of the Superior Court of San Joaquin County, Charlotte J. Orcutt, Judge. (Super. Ct. Nos. SF111992A, SF092540A, SF108650A)

The opinion of the court was delivered by: Raye , P. J.

CERTIFIED FOR PUBLICATION

Affirmed.

Over the course of many years, defendant Michael Beard sexually abused three different minor children, including his daughter. The jury convicted defendant of continual sexual abuse of a minor (Pen. Code, § 288.5, subd. (a)),*fn1 lewd acts upon a minor (§ 288, subd. (c)), and misdemeanor annoying or molesting a minor (§ 647.6).

In two prior cases, defendant pleaded guilty to one count of sexual battery (Pen. Code, § 243.4, subd. (a)) and one count of felony selling or transporting a controlled substance (Health & Saf. Code, § 11352); he also admitted a prior narcotics conviction (Health & Saf. Code, § 11370.2, subd. (a)).

The court sentenced defendant in all three cases to a total term of 22 years in state prison.

Defendant contends on appeal that the trial court erred in sentencing him to a full, consecutive three-year enhancement for the admitted prior narcotics conviction. He argues that the enhancement should have been limited to a one year consecutive term pursuant to section 1170.1, subdivision (a). We disagree and shall affirm the judgment.

BACKGROUND*fn2 Case No. SF092540A

In case No. SF092540A (hereinafter case 540A), after selling cocaine to an undercover informant, defendant was charged with one count of sale or transportation of a controlled substance, a felony. (Health & Saf. Code, § 11352.) The indictment further alleged that defendant had two prior convictions within the meaning of Health and Safety Code section 11370.2, subdivision (a) and Penal Code section 1203.07, subdivision (a)(11).

Defendant entered a plea of guilty to count one and admitted one prior conviction for purposes of Health and Safety Code section 11370.2, subdivision (a). The trial court struck the remaining allegations and imposed and then suspended a sentence of seven years in state prison. The suspended sentence was composed of the middle term of four years for count one and an additional three years for the prior narcotics conviction pursuant to section 11370.2, subdivision (a). Defendant was placed on five years' formal probation on condition that he serve one year in county jail.

Case No. SF108650A

In case No. SF108650A (hereinafter case 650A), defendant's daughter reported that over the course of several years her father had put his finger in or on her vagina and rubbed his penis against her vagina. Defendant was charged with six counts of lewd and lascivious acts upon a minor. (§ 288, subd. (a).)

Defendant entered a plea of guilty to one count of felony sexual battery (ยง 243.4, subd. (a)) in exchange for dismissal of the above six counts. The court suspended imposition of sentence and placed defendant on five years' formal probation on condition that he serve 163 days in jail; defendant was given ...


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