People v. Lorenzo CA1/1

INTRODUCTION

Defendant Lorenzo agreed to a negotiated no contest plea obligating him to serve one year in the county jail and 10 years in state prison for sexually molesting three 12- year-old girls. He now claims the trial court committed errors in imposing the sentence. We find his challenge improper for two reasons: First, the challenge was not properly preserved for appeal because the trial court refused to make a finding of probable cause. Second, the sentence defendant received was fully consistent with the plea agreement reflected in the court proceedings below. Therefore, we will affirm this negotiated disposition of the case.

STATEMENT OF THE CASE

On November 28, 2012, an information was filed in Alameda Superior Court charging defendant with nine counts of lewd and lascivious conduct with a child under the age of 14, in violation of Penal Code1 section 288, subdivision (a). The charges were

1 All references are to the Penal Code unless otherwise stated. 1 based on defendant’s sexual misconduct with three of his daughter’s girlfriends between the period of April 2008 and September 2011. The information also alleged the crimes were (1) serious felonies pursuant to…