People v. Ramirez CA6

Background When defendant was charged in this case he was on three years’ formal probation for committing a lewd act on a child under 14, to which he had pleaded no contest in January 2007 (case No. CC629060). In October 2009 the court revoked probation in that matter when the charges were filed in the present case, No. CC962424, involving a

1 All further statutory references are to the Penal Code. different victim, S. Defendant was charged by amended information in case No. CC962424 with one count of violating section 288, subdivision (b)(1), one count of violating section 288, subdivision (a), and two counts of violating section 288.7, subdivision (b) (sexual penetration of a child under 10). The information further referred to case No. CC629060 in alleging a prior strike conviction within the meaning of section 667, subdivisions (b)-(i) and section 1170.12. On June 12, 2013, in accordance with a negotiated disposition, defendant admitted having violated probation in case No. CC629060, pleaded no contest to the first two counts charged in case No. CC962424, and admitted the strike allegation. On August 16, 2013, the trial reinstated and then terminated probation in case No.…