People v. Saenz CA3

BACKGROUND

In August 2011, eight-year-old D.S. informed his physician and a county social worker that defendant, his 17-year-old half brother, had sodomized him and had forced him to orally copulate defendant multiple times. D.S. reported that defendant had similar contacts with D.S.’s 11-year-old brother, E.S. E.S. confirmed to investigators that the sexual contacts had occurred.

1 In February 2012, defendant was found unfit for juvenile court. He pleaded no contest to two counts of forcible lewd acts with a child under age 14 (Pen. Code,1 § 288, subd. (b)(1)) and the trial court sentenced him to prison for two consecutive terms of eight years each, awarded him 354 days of custody credit and 53 days of conduct credit, ordered victim restitution in amounts to be determined, and imposed a $7,680 restitution fine (§ 1202.4, subd. (b)), a $7,680 restitution fine suspended unless parole is revoked (§ 1202.45), a fine pursuant to section 290.3, subdivision (a) (section 290.3(a) fine) of $300 plus penalty assessments on count one, a section 290.3(a) fine of $500 plus penalty assessments on count two, an $80 court operations fee (§ 1465.8, subd. (a)(1)), and a $60 court facilities…