People v. Ventura CA2/4

BACKGROUND

On October 2, 2013, defendant was charged with three counts of violating Penal Code, section 288, subdivision (a). Count 1 alleged that on or about July 21, 2013, defendant committed a lewd and lascivious act upon Perla A., a child under the age of 14. Count 2 alleged that on or about July 21, 2013, defendant committed a lewd and lascivious act upon Ruby A., a child under the age of 14. Count 3 alleged that defendant committed a second lewd and lascivious act upon Ruby A. on or about July 23, 2013. Through counsel and with the aid of a Spanish interpreter, defendant waived his speedy preliminary hearing rights and statutory time at multiple court appearances. On March 14, 2014, defendant and the People advised the trial court that they wished to resolve the case prior to the preliminary hearing. Based on discovery they had obtained, the People moved to amend the felony complaint to add an additional two counts of lewd and lascivious conduct with Perla A. Count 4 alleged conduct occurring January 1, 2013, through April 30, 2013. Count 5 alleged conduct occurring May 1, 2013, through June 30, 2013. The People explained that they added these counts to support their…