Lopez

People v. Lopez

Good Law
119 Cal. App. 4th 355·14 Cal. Rptr. 3d 202·2004 Cal. App. LEXIS 885·2004 Daily Journal DAR 6936·2004 Cal. Daily Op. Serv. 5052
Court of Appeal of CaliforniaJune 10, 2004No. E033787California3,433 words

Opinion

lead Opinion

Richli, J.

*358 Opinion

Defendant invited neighborhood boys over to his house, then played a pornographic video for them. While one of the boys was lying prone, watching the video, defendant grabbed him by the waist and “pump[ed] him” up and down, .to show him “how it’s going to feel when you’re with a girl”—-i.e., to simulate sex. He then did the same thing to a second boy.

As a result, a jury found defendant guilty on two counts of a nonforcible lewd and lascivious act on a child under 14 (Pen. Code, § 288, subd. (a)), two counts of annoying or molesting a child (Pen. Code, § 647.6, subd. (c)(2)), and one count of using pornography to seduce a minor (Pen. Code, § 288.2, subd. (a)). Defendant admitted a multiple-victim special circumstance for purposes of the one strike law (Pen. Code, § 667.61). Defendant also admitted a prior sexual offense, for purposes of the habitual sexual offender law (Pen. Code, § 667.71), the three strikes law (Pen. Code, §§ 667, subd. (b)-(i), 1170.12), and a prior serious felony enhancement (Pen. Code, § 667, subd. (a)). Defendant was sentenced to 61 years to life in prison.

Defendant contends that the trial court, after sentencing him under the habitual…

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