Angel

People v. Angel

Good Law
1999 Cal. App. LEXIS 230·70 Cal. App. 4th 1141·83 Cal. Rptr. 2d 222·99 Daily Journal DAR 2783·99 Cal. Daily Op. Serv. 2173
Court of Appeal of CaliforniaMarch 23, 1999F026943California3,776 words

Opinion

Opinion

Ardaiz, J.

J.On August 3, 1995, an information was filed in Fresno County Superior Court, charging appellant Johnnie Angel with 30 counts of forcible lewd conduct on a child under the age of 14 (Pen. Code, § 288, subd. (b)); 9 counts of forcible oral copulation on a child under the age of 14 and more than 10 years younger than appellant (§ 288a, subd. (c)); 16 counts of forcible oral copulation (§ 288a, subd. (c)); 17 counts of lewd conduct on a child of 14 or 15 years of age who was at least 10 years younger than appellant (§ 288, subd. (c)); and 2 counts of forcible rape (§ 261, subd. (a)(2)). After reserving the right to demur to the information, appellant pleaded not guilty.

On July 22, 1996, appellant’s demurrer was sustained as to 38 counts. The counts were then renumbered, leaving appellant charged with nine counts of violating section 288, subdivision (b) (counts 2, 4, 6, 8, 10, 12, 14, 16, 18); nine counts of violating section 288a, subdivision (c) with a child under age fourteen and more than ten years younger than appellant (counts 1, 3, 5, 7, 9, 11, 13, 15, 17); sixteen counts of forcibly violating section 288a, subdivision (c) (counts 19-34); and two counts of…

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