People v. Pintor CA5

INTRODUCTION

Defendant Nain J. Pintor was convicted by a jury of lewd acts on a child under age 14 and sentenced to a total term of eight years in prison. Although no objection was made during sentencing, defendant argues that he did not forfeit his argument that the trial court misapprehended its statutory duty to sentence him to the lower term because he was a youth at the time of the offenses. The People respond that defendant forfeited this argument by failing to raise it at sentencing and, in any event, the trial court did not err because no facts indicate that defendant’s age contributed to the offenses. We affirm the judgment.

PROCEDURAL BACKGROUND

The District Attorney of Kings County filed an amended information on July 27, 2022, charging defendant with sexual intercourse or sodomy with a child age 10 or younger (Pen. Code,1 § 288.7, subd. (a); counts 1, 3) and lewd acts upon a child under age 14 (§ 288, subd. (a); counts 2, 4). Defendant pleaded not guilty. A jury convicted defendant on March 22, 2023, of counts 2 and 4 but could not reach a verdict as to counts 1 and 3. The court declared a mistrial as to counts 1 and 3. The probation report noted that the victim was…