Sanchez

People v. Sanchez

Good Law
251 Cal. Rptr. 3d 496·38 Cal. App. 5th 907
Court of Appeal of CaliforniaAugust 15, 2019B291127California4,961 words

Opinion

Lead Opinion

Hoffstadt, J.

*911 A 33-year-old woman French kissed, groped, and kissed the breasts of a female family member a little before and after the girl's 14th birthday. A jury convicted the woman of committing lewd and lascivious acts ( Pen. Code, § 288 ), 1 and the trial court placed her on probation with an eight-year prison sentence hanging over her head. Among the challenges the woman raises to her conviction and sentence in this appeal, two entail issues of significance: (1) is "intent to sexually exploit " the minor a second intent element of the crime of committing lewd and lascivious acts against a minor, and (2) is it error for a trial court, when imposing a prison sentence but staying its execution, to impose but stay a probation revocation restitution fine (under section 1202.44) and a parole revocation restitution fine (under section 1202.45)? We conclude that the answer to each question is "no." Because the woman's remaining arguments on appeal also lack merit, we affirm but remand with directions.

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Sandra Sanchez (defendant) is now a 37 year old gay woman. Y is now a 17 year *499 old gay female. Defendant is Y's step-grandfather's niece.

A.…

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