People v. Muller CA3

FACTS AND HISTORY OF THE PROCEEDINGS

For the reasons detailed in our discussion, we need not provide a full recitation of the facts relating to defendant’s crimes. In 2013, defendant was charged with two counts of lewd acts upon a child (§ 288, subd. (a)), one count of transient’s violation of registration law (§ 290.011), and one count of failure to register (§ 290.013). As to counts one and two, a special allegation was made of a prior conviction for a sex offense listed in section 667.61 and of a prior serious felony conviction (§ 667, subds. (b)-(l)). In 2014, defendant pleaded no contest to one count of lewd acts upon a child, and admitted the special allegation of a prior serious felony conviction. The court dismissed the remaining counts. Defendant agreed to a stipulated sentence of six years which was doubled to 12 years pursuant to section 667. Effective in 2015, the Legislature added section 1170.91 which, in subdivision (a), provides, in part, “If the court concludes that a defendant convicted of a felony offense is, or was, a member of the United States military who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance…