People v. Vasquez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Vasquez by information with committing a lewd and lascivious act on a child under the age of 14. (Pen. Code, § 288, subd. (a).)1 The prosecution alleged Vasquez had suffered a prior conviction for a felony offense specified in section 667.61, subdivisions (a) and (d), and section 667.71, subdivision (b). The prosecution later amended the information to further allege Vasquez had suffered a prior conviction for a serious and violent felony under section 667.5, subdivision (c), section 1170.12, subdivision (b)(1), and section 1192.7, subdivision (c). In exchange for a sentence of 12 years in state prison and dismissal of the habitual sexual offender allegation under section 667.71, subdivision (b), Vasquez pleaded no contest to the charged count and admitted he had suffered a prior conviction for a serious and violent felony. The trial court imposed the agreed upon sentence of 12 years in prison, equal to the midterm of six years doubled for the prior strike conviction. Vasquez timely appealed. He did not request a certificate of probable cause. B. Facts of the Offense According to the summary of…