People v. Velasco CA2/4

INTRODUCTION

Defendant Juan Velasco1 was convicted by a jury of one count of unlawful sexual intercourse and one count of forcible rape. On appeal, he challenges the trial court’s imposition of attorney’s fees and its calculation of presentence custody credits. We remand this matter for the limited purpose of allowing the trial court to determine these issues. The judgment is otherwise affirmed.

FACTUAL AND PROCEDURAL SUMMARY2

In an information filed on August 21, 2013, Velasco was charged with three counts of committing a lewd act upon a child under the age of 14 (Pen. Code, § 288, subd. (a) (counts 1, 2, and 3));3 two counts of committing a lewd act upon a child aged 14 or 15 (§ 288, subd. (c)(1) (counts 4 and 5)); one count of unlawful sexual intercourse with a minor (§ 261.5, subd. (c) (count 6)); and one count of forcible rape (§ 261, subd. (a)(2) (count 7)). As to all counts, the alleged victim was S.M., Velasco’s stepdaughter. Velasco entered a plea of not guilty. Following a jury trial, Velasco was found guilty of unlawful intercourse with a minor (count 6) and forcible rape (count 7). The jury declared it was deadlocked and unable to reach a verdict as to counts one…