People v. Valdivia CA4/2
Opinion
Opinion
FACTS AND PROCEDURE
Defendant committed a number of sex crimes against his 13-year-old neighbor
between January and September of 2011. On September 5, 2013, a jury convicted him of
four counts of committing a lewd act on a child under age 14 (Pen. Code, § 288, subd.
(a)),1 sexual penetration of a child under age 14 (§ 289, subd. (j)), three counts of
unlawful sexual intercourse with a minor under age 16 by a perpetrator older than
(§ 261.5, subd. (d)), oral copulation of a child under age 14 (§ 288a, subd. (c)(1)), and
sodomy of a child under age 14 (§ 286, subd. (c)(1)).
On October 18, 2013, the trial court sentenced defendant to 19 years in state
prison. The court began to impose a drug counseling requirement recommended in the
probation report pursuant to section 1203.096, but instead said “I’m striking that. It says
for substance abuse. [¶] I will order you to participate in all counseling or educational
programs having as a component programs related to the crimes for which you have been
convicted, which are for sex crimes.”
This appeal followed.
All section references are to the Penal Code unless otherwise indicated.