People v. Brewer CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The second amended information charged defendant with 12 counts of lewd conduct against a minor under 14 years of age, who was at the time eight to nine years old. (Pen. Code, § 288, subd. (a).) (Statutory section citations that follow are found in the Penal Code unless otherwise stated.) For the first count, the information alleged “defendant did willfully, unlawfully, and lewdly commit a lewd and lascivious act, to wit, hand to genitalia in the car.” For the next 10 counts, the count started with, “For a further and separate cause of action, being a different offense from but connected in its commission to” each of the prior pleaded counts, then repeated the above quoted language, and then added “[at a] time different than [the prior counts]” between May 1, 2021, and January 9, 2022. Separately, the information alleged count 12 occurred on January 10, 2022. The information alleged as aggravating factors that the victim was particularly vulnerable, the manner in which the crime was carried out indicated planning, sophistication, or professionalism, and the defendant took advantage of a position of trust. (Cal. Rules of Court, rule 4.421…