People v. Sarmiento CA2/6

FACTS AND PROCEDURAL HISTORY3

On four separate occasions in 1982, appellant took different boys to isolated locations in Los Angeles County. On three of these occasions, appellant showed the boy magazines and photographs depicting nude and semi-nude adult males, including himself, engaged in sadomasochistic acts while bound with a variety of restraints. Appellant undressed the boy down to his undershorts and they took turns restraining each other with ropes and handcuffs. On one of these occasions, appellant ejaculated after rubbing against a pole. On the fourth occasion, appellant tied the boy's hands behind his back against his will, hoisted him off the ground approximately three feet, and photographed him. Pursuant to a guilty plea, appellant was convicted of multiple counts of lewd behavior with a minor. He was sentenced to state prison for a term of six years. The trial court suspended execution of sentence and placed appellant on formal probation for five years with terms and conditions including that he serve 364 days in county jail, the imposition of which was stayed. In 1988, after appellant had successfully completed the terms of his probation, the court terminated…