People v. Chavez CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural History In June 2021, the Santa Clara County District Attorney filed an amended information charging Chavez with 10 sex crimes committed against G. Doe (Doe): aggravated sexual assault on a child under age 14 by rape (§§ 269, subd. (a)(1), 261; counts 1–4), aggravated sexual assault on a child under age 14 by oral copulation (§§ 269, subd. (a)(4), 287, former § 288a; count 5), and rape by force or fear of a minor 14 years of age or older (§§ 261, subd. (a)(2), 264, subd. (c)(2); counts 6–10). Counts 1 through 5 allegedly occurred between June 22, 2011, and June 21, 2014; counts 6 through 10 allegedly occurred between June 22, 2014, and June 21, 2018. In June 2021, the jury found Chavez guilty on all counts.

1 All further unspecified statutory references are to the Penal Code. 2 In November 2021, the trial court sentenced Chavez to an aggregate term of 130 years to life in prison, comprising five, consecutive indeterminate terms of 15 years to life for counts 1 through 5, plus five, consecutive, determinate upper terms of 11 years for counts 6 through 10. Chavez timely filed a notice of appeal. B. Evidence Presented at Trial 1.…