The People v. Edgin

• Docket Number: E079105
• Decision Date: 28 December 2023
• Parties: THE PEOPLE, Plaintiff and Respondent, v. HUBERT DAVID EDGIN, Defendant and Appellant.
• Court: California Court of Appeals Court of Appeals

1

THE PEOPLE, Plaintiff and Respondent,
v.
HUBERT DAVID EDGIN, Defendant and Appellant.

E079105

California Court of Appeals, Fourth District, Second Division

December 28, 2023

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County No. RIF1803994 John M. Davis, Judge. Affirmed.

Severo, Grenville Pridham, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Eric A. Swenson and Heather M. Clark, Deputy Attorney Generals, for Plaintiff and Respondent.

OPINION

MILLER J.

2

Defendant and appellant Hubert Albert Edgin appeals from the trial court's resentencing order after remittitur. For the reasons set forth post, we affirm the judgment.

STATEMENT OF THE CASE

On December 9, 2019, a jury convicted defendant of unlawful sexual intercourse or sodomy with a child 10 years of age or younger under Penal Code^[1] section 288.7, subdivision (a) (count 1); unlawful oral copulation or sexual penetration of a child 10 years of age or younger under sections 288.7, subdivision (b) and 289 (count 1), and lewd and lascivious acts on a child under the age of 14 by force or fear under sections 288, subdivision (b) and 289 (counts 3 and 4).

On January 24, 2020, the trial court sentenced defendant to a total determinate term of 16 years plus an indeterminate term of 40 years to life as follows: (1) an indeterminate term of 25 years to life on count 1; (2) a consecutive indeterminate term of 15 years to life on count 2; (3) a consecutive middle term of eight years on count 3; and (4) a consecutive middle term of eight years on count 4.

After defendant appealed, in People v. Edgin (Aug. 17, 2021, E074622) [nonpub. opn.] (Edgin1), this court reduced the convictions on counts 3 and 4 to nonforcible lewd acts on a child under section 288, subdivision (a), and affirmed the judgment in all other respects. (Edgin1, at *4.) This court then remanded the case for resentencing on counts 3 and 4. (Ibid.)

3

On May 20, 2022, the trial court held a remittitur hearing. After vacating the sentences on counts 3 and 4, the court resentenced defendant to a consecutive middle term of six years on count 3, and a consecutive two years on count 4. Therefore, defendant was sentenced to state prison for a determinate term of eight years plus an indeterminate term of 40 years to life.

On June 1, 2022, defendant filed a timely notice of...