People v. CintoDeLeon CA1/2

BACKGROUND

This case arises from reports by CintoDeLeon’s then 10-year-old niece that he had touched her chest and “bottom” on several dates between

1 June 2022 and January 2023.1 CintoDeLeon and his niece were living in the same household, as CintoDeLeon’s wife had custody of the child. CintoDeLeon was charged by information filed on April 12, 2023, with continuous sexual abuse of a child (Pen. Code,2 § 288.5, subd. (a)) (count 1); four counts of lewd conduct with a child under the age of 14 (§ 288, subd. (a)) (counts 2-5); and misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a) (count 6). Count 2 alleged an enhancement for substantial sexual conduct (§ 1203.066, subd. (a)(8)) and count 5 alleged a felony-with-circumstances-in-aggravation enhancement (§ 1170, subd. (b)(2). On July 18, 2023, CintoDeLeon entered a plea of no contest to count 5 and admitted the enhancement. On September 25, 2023, the court suspended imposition of sentence and placed CintoDeLeon on formal probation for two years, with specified conditions. At a subsequent hearing on October 18, 2023, the court added 20 further conditions of probation. CintoDeLeon filed a timely notice…