Garcia
People v. Garcia
Opinion
Opinion
Harris, J.
Statement of the Case
By amended information filed on October 21, 1992, defendant Mark Steven Garcia was charged as follows: rape by a foreign object and lewd act upon a child, Danielle M., on and between October 1, 1991, and December Í3, 1991 (counts I and II; Pen. Code, §§ 289, subds. (a) through (j) and 288, subd. (a), respectively); lewd act upon a child, Sandra M., on and between August 23,1988, and September 30,1988 (amended at trial to have occurred on and between Aug. 23, 1987, and Sept. 30, 1987) (count III; § 288, subd. (a)); and three counts of lewd act upon a child, Vanessa M. (§ 288, subd. (a)), on and between July 1 and July 31, 1985 (count IV), August 1 and August 31, 1987 (count V), and September 1, 1985, and August 31, 1986 (count VI). The dates of count VI were amended during trial to on and between September 1, 1984, and August 31, 1985.
Defendant pled not guilty to all the charges, and jury trial was had. Defendant was convicted on all counts as charged.
Probation was denied, and defendant was sentenced to prison for a total term of eighteen years, as follows: the base term of six years on count I; a full, consecutive term of six years on count III;…