The People v. Figueroa CA4/3

INTRODUCTION

Defendant Effren Abelar Figueroa appeals following his conviction for four counts of committing a forcible lewd act on a child under 14 years old, and two counts of committing a lewd act upon a child under 14 years old. As to each count, the jury found true the enhancement allegations that Figueroa had engaged in substantial sexual conduct with his victims, who were children under 14 years of age, and had committed an offense specified in Penal Code section 667.61, subdivision (c) against more than one victim. (All further statutory references are to the Penal Code.) Figueroa contends the trial court erred by denying his motion to dismiss the information because his rights to due process and to a speedy trial under the United States and California Constitutions were violated by the almost nine-year delay between the filing of the felony complaint in December 2000 and his arrest in 2009. He also contends the trial court erroneously interpreted the version of section 667.61 applicable at the time he committed the offenses (former section 667.61), in imposing 15-year-to-life sentences for each of the offenses he committed against A.C.; he argues former section 667.61…