People v. Raya-Pena CA5

BACKGROUND

Charges The Tulare County District Attorney charged Raya-Pena with numerous crimes occurring on three distinct dates. In the first incident, he was charged with committing sexual penetration by a foreign object (Pen. Code,2 § 289, subd. (h); Count 1), and committing lewd acts on a minor (§ 288, subd. (c)(1); Counts 2 & 3). In the second

1Raya-Pena raises two additional claims relating to his sentence. The first challenges the sentence on Count 7. This is moot because he is entitled to acquittal on that count. Second, he faults the court for ordering certain fines and fees without first holding an ability-to-pay hearing. This is also moot because the disposition will necessitate resentencing at which point he may raise the issue in the first instance. All statutory references are to the Penal Code.

2. incident, he was charged with committing lewd acts on a minor (§ 288, subd. (c)(1); Counts 4 & 5). In the last incident, Raya-Pena was charged with committing sexual assault with intent to commit oral copulation (§ 220, subd. (a)(2); Counts 6 & 7), attempted forcible oral copulation (§ 288a,3 subd. (c)(2)(A); Count 8), distributing pornography to a minor (§ 288.2,…