People v. Chiriac CA4/2

STATEMENT OF THE CASE

On July 27, 2009, an amended information charged defendant with three counts of

lewd and lascivious acts upon a child under 14 (Jane Doe) by use of force, violence,

duress, menace and fear under Penal Code1 section 288, subdivision (b)(1) (counts 1-3).

The information also alleged that counts 1 and 2 occurred on or about May 2006, and

count 3 occurred “on or about the year of 2006.”

On November 5, 2009, as to count 1, a jury found defendant guilty of violating

section 288, subdivision (a), a lesser included offense of section 288, subdivision (b)(1).

The court declared a mistrial on its own motion as to counts 2 and 3. After the court and

counsel conferred regarding a section 288.1 referral, the court appointed Dr. Robert

Suiter to examine defendant and to provide a report. The court also ordered both defense

counsel and the prosecutor to submit simultaneous sentencing memorandums. The court

then ordered a Romanian interpreter for defendant’s next appearance, exonerated the

current bail bond, and remanded defendant to custody.

On May 5, 2010, reports by the probation department and Dr. Suiter were filed.

Moreover, a section 1203.03 diagnostic…