People v. Aguilar CA4/3

STATEMENT OF FACTS

Aguilar, an adult, sexually assaulted D.V., his cousin, several times a week over a one year period when D.V. was eight and nine years old and in the third grade. Among other things, the jury heard evidence Aguilar had forced D.V. to orally copulate Aguilar, one time by forcefully grabbing D.V. around the neck causing D.V. to suffer severe pain; ejaculated in D.V.’s mouth; forced D.V. to touch Aguilar’s penis; masturbated in D.V.’s presence to ejaculation; took D.V.’s clothes off and touched D.V.’s penis; forced D.V.’s

1 All further statutory references are to the Penal Code.

2 These fines include: (1) a $300 restitution fine imposed pursuant to section 1202.4, subdivision (b), (2) a $300 parole revocation restitution fine pursuant to section 1202.45, (3) a $80 court security fee, and (4) a $60 criminal conviction assessment. At sentencing, the trial court waived all fines and fees Aguilar normally would have to pay through the Department of Corrections and Rehabilitation, so we agree these fines must be stricken from the abstract of judgment.

2 face into a pillow and pinned his body down, immobilizing him, while Aguilar attempted to sodomize him; and…