People v. Ruiz CA6

STATEMENT OF THE CASE

An information charged defendant Pedro L. Ruiz with four counts of lewd acts upon a child under the age of 14 (Pen. Code, § 288, subd. (a); count 1 [describing lewd act as “inserting his penis into her vagina”], count 2 [describing lewd act as “touching” vagina], count five [describing lewd act as “rubbing her vagina with his hand”], and count 6 [describing lewd act as “kissing”]), one count of contacting a minor with intent to commit a sexual offense (Pen. Code, § 288.3, subd. (a); count 3), and one count of meeting a minor for lewd purposes (Pen. Code, § 288.4, subd. (b); count 4). The information alleged that counts 1, 2, 3, and 4 were committed on November 16, 2014, and it alleged that counts 5 and 6 were committed between July 15, 2014 and November 16, 2014. The named victim in all six counts was Jane Doe. A jury convicted defendant on all counts. The trial court sentenced defendant to 12 years in prison as follows: eight years for count 1, two years for count 5, two years for count 6, a concurrent eight-year term for count 2, a concurrent three-year term for count 3, and a concurrent four-year term for count 4. Defendant now appeals from the judgment…