People v. Perez CA3

FACTS

Between June 2, 2003, and May 31, 2004, and on separate occasions, defendant used force and/or fear and touched nine-year-old S. M.’s back with his penis, touched her vagina with his fingers, and touched her chest (counts two through five). Sometime between December 1, 2008, and December 19, 2008, defendant used his hand to touch the vagina of nine-year-old C. E. who felt she could not get away (count ten).

DISCUSSION

Article I, section 28, subdivision (b)(13)(A) of the California Constitution provides, “It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.” Harvey held that “[i]mplicit in . . . a plea bargain . . . is the understanding (in the absence of a contrary agreement) that defendant will suffer no adverse sentencing consequences by reason of the facts underlying, and solely pertaining to, the dismissed

2 count.” (People v. Harvey, supra, 25 Cal.3d at p. 758; see People v. Martin (2010) 51 Cal.4th 75, 80.) In the absence of a Harvey waiver, victim…