People v. Almendarez CA4/1

STATEMENT OF THE CASE

On July 15, 2014, the San Diego County District Attorney filed a complaint

charging defendant Franklin Almendarez with two counts of committing a lewd and

lascivious act on a child under the age of 14 (Pen. Code, § 288, subd. (a);1 counts 1 and

2), and two counts of unlawful sexual intercourse with a minor more than three years

younger than defendant (§ 261.5, subd. (c); counts 3 and 4).

Defendant pleaded guilty to count 3. The remaining charges were dismissed.

On November 6, 2014, the trial court placed defendant on three years of formal

probation and required he serve 365 days in the county jail. As a condition of probation,

defendant was ordered to register as a sex offender pursuant to section 290.

Defendant filed a timely notice of appeal.

FACTUAL BACKGROUND

The facts underlying defendant's charges have been set forth by both defendant

and the People. They are set forth in defendant's change of plea form. Briefly,

defendant, who was 19 years old at the time of the offense, admitted meeting 11-year-old

Andrea R. with whom he twice had consensual sexual intercourse. Andrea also used

alcohol, marijuana and methamphetamine, at least…