People v. Harris CA1/5

BACKGROUND

In November 2017, the Solano County District Attorney filed an information charging appellant with sexual penetration of a child under the age of 10 (Pen. Code,1 § 288.7, subd. (b); counts 1 and 2); lewd act on a child under the age of 14 (§ 288, subd. (a); count 3); lewd act on a child of 14 or 15 years by a person at least 10 years older (§ 288, subd. (c)(1); counts 4 and 5);

1 All undesignated statutory references are to the Penal Code. attempted oral copulation on a person under the age of 18 (§§ former 288a,2 664; count 6); annoying or molesting a child (§ 647.6, subd. (a); count 7); and disobeying a court order (§ 273.6, subd. (a); count 8).3 In February 2022, pursuant to a plea bargain, the information was amended to charge appellant with sexual penetration of a person under the age of 18 (§ 289, subd. (h); count 9). Appellant pled no contest to that count and the remaining charges were dismissed. In July 2022, the trial court placed appellant on three years’ probation, with terms including 333 days in jail and sex offender registration. In April 2023, the probation department filed a report of a probation violation.4 The report recommended imposition of GPS…