People v. Santiz CA5

BACKGROUND

In an amended information, the Kern County District Attorney charged defendant with oral copulation or sexual penetration of Jane Doe #1, a child under 10 years old (count 1; § 288.7, subd. (b)), lewd or lascivious act upon Jane Doe #1, a child under 14 years old (count 2; § 288, subd. (a)), penetration of Jane Doe #1, a child under 14 years old, with a foreign object (count 3; § 289, subd. (j)), lewd or lascivious act upon Jane Doe #2, a child under 14 years old (count 4; § 288, subd. (a)), repeated sexual conduct with Jane Doe #3, a child under the age of 14 with whom defendant resided or had recurring access (count 5; § 288.5, subd. (a)), lewd or lascivious act upon Jane Doe #3, a child under the age of 14 (count 6; § 288, subd. (b)(1)), and oral copulation with Jane Doe #3, a child under the age of 14 (count 7; § 287, subd. (c)(1).) The amended information also alleged multiple victim enhancements (§ 667.61, subd. (e)(4)) as to counts 2, 4, 5, 6, and 7. A jury convicted defendant of counts 1 through 5 and found true the multiple victim enhancement on counts 2, 4, 5. The jury acquitted defendant of counts 6 and 7 and found the multiple victim enhancements as to…