People v. Dixon CA4/2

STATEMENT OF THE CASE

On February 5, 2013, an amended information charged defendant and appellant

Javonte Marquise Dixon, along with two co-defendants, with sexual intercourse by force

and fear of a child under 14 years old while acting in concert with another person under

Penal Code1 section 264.1, subdivision (b)(1) (count 1); sodomy upon a child under

years old while acting in concert with another person under section 286, subdivision

(d)(2) (count 2); oral copulation of a child under 14 years old while acting in concert with

another person under section 288a, subdivision (d)(2) (count 3); lewd act by force and

fear upon a child under 14 years old under section 288, subdivision (b)(1) (count 4); and

active participation in a criminal street gang under section 186.22, subdivision (a) (count

5). With respect to counts 1 through 4, the information also alleged that the offenses

were committed during the commission of a burglary under section 667.61, subdivision

(e)(2), and that the requirements of section 667.61, subdivision (e)(7) were met. The

information further alleged, with respect to counts 1 through 4, that the offenses were

committed for the benefit of a…