People v. Jaime CA5

INTRODUCTION

Appellant Jesse Jaime, Sr., was convicted of multiple counts arising from the continual sexual abuse of his biological daughter and stepdaughter when they were children. Appellant argues that the trial court abused its discretion when it permitted the People to amend the information at the conclusion of the People’s case-in-chief and the trial court erred when it failed to hold a Marsden1 hearing in response to appellant’s written request. We reverse the sentence and remand for correction of the oral pronouncement of judgment, but in all other respects, the judgment is affirmed.

PROCEDURAL HISTORY

On September 26, 2022, the District Attorney of Madera County filed a third amended information charging appellant with sexual intercourse or sodomy with a child 10 years old or younger (Pen. Code,2 § 288.7, subd. (a); count 1), oral copulation or sexual penetration with a child 10 years old or younger (§ 288.7, subd. (b); count 2), aggravated sexual assault of a child (§ 269, subd. (a)(1); count 3), lewd act upon a child (§ 288, subd. (a); counts 4, 5, 7, 8), oral copulation of a person under age 14 (§ 287, subd. (c)(1); count 6), rape of an unconscious or asleep person…