People v. Morales CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 21, 1987, the People charged defendant by information with two

counts of lewd and lascivious behavior (§ 288, subd. (a), counts 1 & 2) and one count of

engaging in oral copulation with victim 1, a minor under the age of 14 (former § 288a,

subd. (c), count 3). The People also charged defendant with three counts of lewd and

lascivious behavior (§ 288, subd. (a), counts 4, 5, & 7) and two counts of oral copulation

against victim 2, a minor under the age of 14 (former § 288a, subd. (c), counts 6 & 8).

As to counts 2 through 8, the People alleged defendant was a stranger to the victims or

befriended the victims for the purpose of committing the offenses (§ 1203.066,

subd. (a)(3)) and committed the offenses on more than one victim at the same time and in

the same course of conduct (§ 1203.066, subd. (a)(7)). As to counts 2 through 5, the

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 The People alleged that count 1 occurred between February 1, 1986, and June 15, 1986; that count 2 occurred between June 15, 1986, and September 15, 1986; that counts 3 and 4 occurred between June 15, 1987,…