People v. Nieto CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural History On August 7, 2018, the Santa Cruz County District Attorney filed a first amended information (hereafter information) charging Nieto with two sex crimes involving two “Jane Doe” minors.2 Count 1 alleged a lewd or lascivious act on a child under age 14 committed against Jane Doe 1 on or about or between September 1, 2016, and September 6, 2017 (§ 288, subd. (a); count 1). Count 2 alleged a lewd or lascivious act on a child under age 14 committed against Jane Doe 2 on or about or between September 1, 2016, and September 6, 2017 (§ 288, subd. (a); count 2). The information also alleged that, “within the meaning of Penal Code section 667.61[, subdivisions] (b) and (e), as to counts 1 and 2, that the following circumstances apply: multiple victims” (some capitalization omitted) (hereafter multiple-victim enhancement). In December 2019, a jury found Nieto guilty as charged on both counts and found true the multiple-victim enhancement allegation under “Penal Code Section 667.61.” In January 2020, the trial court sentenced Nieto to 50 years to life in prison, consisting of a term of 25 years to life on count, 1 consecutive to 25…