Cardona

People v. Cardona

Good Law
177 Cal. App. 4th 516·2009 Cal. App. LEXIS 1485·99 Cal. Rptr. 3d 313
Court of Appeal of CaliforniaSeptember 4, 2009F054344California5,867 words

Opinion

Opinion

Ardaiz, J.

Appellant Jason Jacob Cardona stands convicted, following a jury trial, of forcible rape (Pen. Code, § 261, subd. (a)(2); counts 1 & 5), forcible lewd act on a child under age 14 (id., § 288, subd. (b)(1); counts 2 & 6), forcible oral copulation (id., § 288a, subd. (c)(2); counts 3 & 7), and sexual penetration by force (id., § 289, subd. (a)(1); count 4). Counts 1 through 4 involved crimes against S., while counts 5 through 7 involved crimes against A., and the jury further found, as to all but count 4, that the offenses were committed against multiple victims. (Id.., § 667.61, subd. (e)(5).) Appellant was between 16 and 18 years of age during much of the period of time in which the crimes were alleged to have occurred. Concluding that appellant was not a fit and proper subject to be dealt with under juvenile court law, the trial court sentenced appellant to a total unstayed term of 30 years to life in prison, and this appeal ensured. For the reasons that follow, we will affirm.

FACTS

DISCUSSION

I-III

IV

FINDING OF JUVENILE COURT UNFITNESS

A. Background

The parties stipulated that appellant’s date of birth was September 6, 1982. The original information alleged…

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