People v. Sampablo CA5

INTRODUCTION

Defendant Aristeo Sampablo was convicted by jury of 41 counts of sexual offenses against two victims, E. and J. As to E., defendant was convicted of nine counts of sexual intercourse or sodomy of a child 10 years of age or younger under Penal Code section 288.7, subdivision (a) (counts 1–9);1 and 19 counts of lewd and lascivious acts under section 288, subdivision (a) (section 288(a) or § 288(a)) (counts 10–28). Special allegations under the One Strike law (§ 667.61), asserting the multiple-victim circumstance on counts 10 through 28 were found true. (§ 667.61, subds. (b), (c), (e) & (j)(2).) As to J., defendant was charged with one count of sexual penetration against a child under the age of 10 years pursuant to section 288.7, subdivision (b) (section 288.7(b) or § 288.7(b)) (count 29); and 12 counts of lewd and lascivious acts against a child under the age of 14 years under section 288(a) (counts 30–41). A multiple-victim allegation was made to all section 288(a) counts pursuant to the One Strike law, which were all found true. Defendant was sentenced to 41 consecutive terms of 25 years to life. Defendant claims his trial counsel entirely failed to subject the…