People v. Guillen CA4/3

BACKGROUND

In June 2023, the Riverside County District Attorney filed an amended

information charging Guillen with six counts of lewd and lascivious acts against a child

under the age of 14. (§ 288, subd. (a).) The information also alleged as to each count the

aggravating circumstances that (1) the victim was particularly vulnerable and (2) Guillen

took advantage of a position of trust and confidence to commit the offense. (Cal. Rules

of Court, rule 4.421(a)(3), (a)(11).) Before trial, the court granted Guillen’s motion to

bifurcate trial on the aggravating circumstance allegations.

At trial, the prosecution presented evidence that Guillen repeatedly molested his

daughter over a period beginning when she was six and ending when she was 13. The

jury found Guillen guilty on all six counts, and Guillen admitted the truth of the

aggravating circumstance allegations as to each count. The trial court sentenced Guillen

to a total term of 16 years in prison, consisting of six years (the midterm) for count 1,

plus consecutive two-year terms (one-third the midterm) for counts 2 through 6.

DISCUSSION

I. Ineffective assistance of counsel

Before his sentencing hearing,…