People v. Huerta CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background In January 2022, the Santa Clara District Attorney’s Office charged Huerta in a complaint with two counts of sexual penetration by force (Pen. Code, § 289, subd. (a)(1)(C))1, one count of lewd and lascivious conduct (§ 288, subd. (a)); two counts of lewd or lascivious act on a child of 14-15 years (§ 288, subd. (c)(1)), and a single count of annoying or molesting a child (§ 647.6, subd (a)(1)). As to the first three counts, the prosecution alleged Huerta committed the offenses against more than one victim and upon a child under the age of 14, pursuant to section 667.61, subdivision (j)(2). On October 17, 2022, in exchange for a stipulated sentence of 19 years in state prison, Huerta entered a plea of no contest to two counts of sexual penetration by force and one count of lewd or lascivious conduct, and the prosecution dismissed the remaining charges and the habitual sexual offender allegations, which had exposed Huerta to a life sentence. A sentencing hearing was set for January 20, 2023. The defendant then filed a motion to withdraw his plea pursuant to section 1018 on February 23, 2023. Two of the victims, E.P. and…