People v. Guzman CA5

FACTS AND PROCEDURAL HISTORY

Original criminal case filed in 2007 On September 4, 2007, the Madera County District Attorney filed a criminal complaint against Guzman charging him with one count of violation of Penal Code section 288, subdivision (a),2 lewd and lascivious conduct upon a child under the age of

In his opening brief, Guzman also raised a claim regarding an allegedly unauthorized fine. This matter was apparently addressed by the trial court, and Guzman has withdrawn his argument. Subsequent statutory references are to the Penal Code unless otherwise indicated.

2. 14 years. This criminal case underlies the appeal, and we will sometimes refer to it as the original case. On January 2, 2008, the parties reached a plea agreement. Guzman agreed to enter a guilty plea to an amended charge of sexual battery in violation of section 243.4, subdivision (a), with the understanding that he would be placed on felony probation and serve “local time” of up to 365 days in county jail. After entering his plea, Guzman had contact with the victim while on bail in violation of a protective order that ordered him not to have any contact with the victim. This resulted in his…