People v. Vasquez CA4/2

INTRODUCTION

On November 12, 2013, an amended information charged defendant and appellant

Isidro Vazquez with sexual penetration by force upon a child under 14 and seven or more

years younger under Penal Code1 section 269, subdivision (a)(5) (count 1); lewd and

lascivious act on a child under 14 with intent to arouse under section 288, subdivision (a)

(count 2); lewd and lascivious acts upon a child under 14 by force with the intent to

arouse under section 288 subdivision (b)(1) (counts 3, 4); and rape of a child under

and seven or more years younger under sections 269 subdivision (a)(1) and 261,

subdivision (a)(2) or (a)(6) (count 5). The amended information alleged that counts 1 and

2 occurred on or about September of 2012; that count 3 occurred on or about 2012; and

counts 4 and 5 occurred on or about January of 2013.

On the same date as the filing of the amended information, defendant entered into

a plea agreement wherein he would plea guilty to counts 1 and 4, with the stipulated

agreement that the custody term would be 15 years to life with lifetime sex offender

registration under section 290. At the change of plea hearing, the court advised defendant

of…