People v. Piquinto CA5

STATEMENT OF THE CASE

On October 26, 2022, the Tulare County District Attorney filed a complaint charging Piquinto with ten counts of a lewd act upon a child under the age of 14 (§ 288, subd. (a)) and alleged with respect to counts 1 through 4 that he had substantial sexual conduct with a child under the age of 14. (§ 1203.066, subd. (a)(8).) On November 16, 2023, Piquinto pleaded no contest to three counts of a lewd act upon a child under the age of 14 (§ 288, subd.(a)) and admitted that he had substantial sexual conduct with a child under the age of 14 (§ 1203.066, subd. (a)(8)) on the condition that he receive a 12-year sentence and the remaining charges and allegations be dismissed at sentencing. The parties stipulated to a Tulare Police Department report as the factual basis for the plea. Piquinto also stipulated to three aggravating factors, including a vulnerable victim (rule 4.421(a)(3)), violent conduct (rule 4.421(b)(1)), and planning and sophistication (rule 4.421(a)(8).) Piquinto waived his right to appeal.3 On January 18, 2024, the trial court sentenced Pinquito to the upper term of eight years on count 1, and one the third the mid-term of two years, consecutively,…