People v. Pacheco CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural background On February 26, 2024, the Santa Clara County District Attorney filed an amended information charging Pacheco with one count of forcible lewd acts on a child under 14 (Pen. Code,2 § 288, subd. (b)(1); count 1 (M. Doe)); one count of nonforcible lewd acts on a child under 14 (§ 288, subd (a); count 2 (M. Doe)); one count of sexual battery (§ 243.4, subd. (a); count 3 (M. Doe)); three counts of sexual intercourse with a child age 10 or younger (§ 288.7, subd (a); counts 4, 5, 6 (J. Doe)); three counts of forcible rape of a minor under age 14 (§§ 261, subd. (a)(2), 264, subd. (c)(1)); counts 7, 8, 9 (J. Doe)); and one count of exhibiting harmful material to a minor (§ 288.2, subd. (a); count 10 (N. Doe)). The information further alleged that counts 1, 2, 7, 8, and 9 were committed against more than one victim (§ 667.61, subd. (j)(2)), that counts 7, 8, and 9 were committed against a minor under age 14 (§ 264, subd. (c)(1)), and that as to all

2 Unspecified statutory references are to the Penal Code.

2 counts, Pacheco took advantage of a position of trust within the meaning of rule 4.421(a)(11). The jury convicted…