People v. Ogando CA4/2

INTRODUCTION

Defendant and appellant Juan Ricardo Ogando was charged by information with

two counts of committing a lewd act upon a child under the age of 14. (Pen. Code1, §

288, subd. (a), counts 1 & 2.) The information also alleged that numerous aggravating

factors applied. (§ 1170, subd. (b)(2).)

Prior to trial, the trial court ordered a psychiatric evaluation of defendant, under

section 288.1. Defendant was evaluated by a psychologist, who found that he did not

meet the criteria for being a pedophile. The psychologist recommended that he be

granted probation.

A jury found defendant guilty of both counts and found true the aggravating

factors that the victim was particularly vulnerable, and defendant took advantage of a

position of trust to commit the offense. In view of the aggravating factors, the trial court

sentenced defendant to the upper term of eight years on count 1 and two years (one-third

the midterm) on count 2. It also issued a 10-year protective order, prohibiting contact

with defendant’s wife and children.

Defendant filed a timely notice of appeal. We affirm.

1 All further statutory references will be to the Penal Code, unless otherwise…