People v. Vaoifi CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural History On December 14, 2023, the Monterey County District Attorney’s Office filed a first amended information charging Vaoifi with corporal injury to a child, John Doe (Pen. Code1, § 273d, subd. (a); count one) and criminal threats (§ 422, subd. (a); count two). The information further alleged several circumstances in aggravation. On December 15, 2023, following a four-day trial, the jury found Vaoifi guilty of both counts. The court additionally found true the aggravating circumstance that the

1 Undesignated statutory references are to the Penal Code. crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness as to both offenses. (Cal. Rules of Ct., rule 4.421(a)(1).) The court also found true the victim was particularly vulnerable (Cal. Rules of Ct., rule 4.421(a)(3)) and Vaoifi took advantage of a position of trust or confidence (Cal. Rules of Ct., rule 4.421(a)(11)) as to only the corporal injury offense (count one). On January 18, 2024, the date set for sentencing, the trial court suspended imposition of sentence…