People v. Jaime CA5

STATEMENT OF THE CASE2

Jaime was charged by information with committing lewd or lascivious acts in violation of section 288, subdivision (a) against victims M.J. (Counts 1-2) and M.S. (Counts 3-5). The information alleged the existence of multiple victims for purposes of the “One Strike Law” (former § 667.61, subd. (b), (c)(7)). A Tulare County jury found Jaime guilty of the crimes charged in Counts 1-3, and likewise found the multiple victim allegations to be true, but convicted him of the lesser included offenses of misdemeanor battery (§ 242) under Count 4 and misdemeanor assault (§ 240) under Count 5. Jaime was sentenced to an aggregate term of 45 years to life in prison on Counts 1-3, consisting of consecutive terms of 15 years to life for each offense, and to time served on Counts 4- 5. The original information alleged that M.J. was victimized between January 1, 1994 and January 1, 1995. At trial, the prosecution was permitted to amend the information to conform to proof by alleging Jaime committed lewd or lascivious acts against M.J. between August 27, 1993 and August 26, 1994. When the jury convicted Jaime, its verdict forms stated that Counts 1 and 2 were based upon…