Miralrio

Defendant Jose Alberto Miralrio appeals following his conviction on six counts of sex offenses with minors (Pen. Code, §§ 261, 269, 288) with enhanced sentencing due to multiple victims (§ 667.61, subd. (e)(5)) and one count of battery (§ 242). Defendant contends the trial court (1) improperly allowed the prosecution to amend the information during trial, (2) misadvised him of the sentencing consequences of going to trial, (3) improperly handled a request for new trial and new counsel, and (4) improperly imposed a fine (§ 243.4). Defendant also contends there is an inadequate appellate record regarding jury instructions, and the jurors’ set of written instructions improperly included headings. In the published portion of the opinion, we shall reject defendant’s first two contentions. In the unpublished portion, we strike the section 243.4 fine but otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

An original information charged defendant with nine counts of sex offenses against three victims and contained at the end of the pleading an allegation of a section 667.61, subdivision (e)(5), enhancement for multiple victims, applicable “as to Counts One through…