People v. Reynoso-Lozano CA1/5

I. BACKGROUND

A. Procedural History A first amended information charged Reynoso-Lozano with lewd acts upon a child under the age of 14 years (Pen. Code,1 § 288, subd. (a); counts 1 to 4) and lewd acts upon a child 14 or 15 years old (§ 288, subd. (c)(1); counts 5 to 9). As to counts 1 to 4, the information alleged that Reynoso-Lozano committed the offenses against more than one victim. (§ 667.61, subd. (e).) As to all nine counts, the information alleged that the victims were particularly vulnerable and that Reynoso-Lozano took advantage of a position of trust or confidence. (§ 1170, subd. (b)(2).) Following a trial, the jury found Reynoso-Lozano guilty on all counts except for count 8, which was dismissed after the jury was unable to reach a unanimous verdict and a mistrial was declared. The jury found true the special allegations that there were multiple victims, that the victims were particularly vulnerable, and that Reynoso-Lozano took advantage of a position of trust or confidence. The trial court subsequently denied Reynoso- Lozano’s motion for new trial. The court then sentenced him to a determinate term of two years eight months, consecutive to an indeterminate term of 50…