People v. Vizcardo CA2/6

FACTS

In 2011, Vizcardo, 20 years of age, met a 14-year-old girl. They began a sexual relationship. He committed multiple acts of unlawful sexual intercourse and oral copulation with this girl. At the time he committed these offenses, Vizcardo was on "juvenile probation" as a result of a juvenile court sustained petition finding he had sexually molested an eight-year-old girl in 2009. His juvenile probation contained a condition that he not associate with children under the age of 16. Vizcardo was arrested. He pled no contest to the current offenses. Vizcardo was evaluated under the "Static-99-R," a "State Authorized Risk Assessment Tool for Sex Offenders." The probation department said he received a score of four, "which places him in the Moderate-High Risk Category for being charged or convicted of another sexual offense, if he is released on probation." The People requested the trial court to sentence Vizcardo to state prison. The prosecutor noted that Vizcardo's contact with the 14-year-old girl was a violation of his probation. She said he also had "a previous violation of probation where he was sending and receiving pictures of genitalia to and from different females…