People v. Ramirez CA6

I. INTRODUCTION

A jury convicted defendant Edward Legaspi Ramirez of all 12 counts listed in the second amended information: four counts of sexual penetration with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b); counts 1–4);1 one count of assault with intent to commit a lewd or lascivious act on a child (§§ 220, subd. (a)(2), 288, subd. (a); count 5); six counts of lewd or lascivious acts on a child under the age of 14 (§ 288, subd. (a); counts 6–11); and one count of sending harmful matter to a minor (§ 288.2, subd. (a)(2); count 12). Concerning counts 5–12, the second amended information alleged that the victim was particularly vulnerable and that defendant took advantage of a position of trust or confidence to commit the offenses. (§ 1170, subd. (b); Cal. Rules of Court, rules 4.421(a)(3), 4.421(a)(11).) Defendant waived his right to a jury trial on these

1 All statutory references are to the Penal Code unless otherwise indicated. alleged aggravating circumstances, and the trial court found the alleged aggravating circumstances true. The trial court sentenced defendant to a total prison term of 15 years to life consecutive to five years. On appeal,…