Miramontes

People v. Miramontes

Good Law
117 Cal. Rptr. 3d 239·189 Cal. App. 4th 1085·2010 Cal. App. LEXIS 1888
Court of Appeal of CaliforniaNovember 4, 2010D054976California6,843 words

Opinion

Opinion

Huffman, J.

A jury convicted Martin Felipe Miramontes of one count of sodomy with a child 10 years old or younger (Pen. Code, § 288.7, subd. (a)), four counts of oral copulation/sexual penetration with a child 10 years old or younger (§ 288.7, subd. (b)), and four counts of committing a lewd act on a child (§ 288, subd. (a); plus an attempt count of the latter). Additionally, Miramontes was convicted of four counts of using harmful matter to seduce a child (§ 288.2, subd. (a)), and one count of possession of child pornography (§ 311.11, subd. (a)).

The jury found true further allegations as to nine of the counts that there were multiple victims (§ 1203.066, subd. (a)(7)). Likewise, as to four of the counts, the jury found true the allegations that Miramontes had committed an offense described in section 667.61, subdivision (c) against more than one victim (§ 667.61, subds. (b), (c) & (e)). Next, regarding eight of the counts, the jury found it was true that Miramontes had engaged in substantial sexual conduct with a child under the age of 14 (§ 1203.066, subd. (a)(8)). Regarding seven of the counts, the jury found it was true that Miramontes had used harmful matter depicting sexual…

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