People v. Aguilar CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

The Santa Clara County District Attorney filed a 22-count information against Aguilar on August 9, 2012. As to victim one, Aguilar’s step-daughter, the information charged him with two counts of aggravated sexual assault on a child by rape (Pen. Code, § 269, counts 1-2),1 four counts of aggravated sexual assault on a child by penetration by foreign object (ibid., counts 3-6), eight counts of forcible lewd or lascivious acts on a child (§ 288, subd. (b)(1), counts 7-14), and four counts of lewd or lascivious acts on a child age 14 or 15 (id., subd. (c)(1), counts 15-18). As to victim two, another of Aguilar’s step-daughters, the information charged Aguilar with three counts of forcible

1 All further statutory references are to the Penal Code unless otherwise stated. lewd or lascivious acts on a child (id., subd. (b)(1), counts 19-21). Count 22 charged one lewd or lascivious act with a child age 14 or 15 (id., subd. (c)(1)) on victim three, Aguilar’s biological daughter. At issue here are counts 15 through 18, which charged four lewd or lascivious acts on victim one when she was age 14 or 15 committed on or between January 27, 2000 and…