People v. Rodriguez CA3

BACKGROUND

The People’s complaint filed July 1, 2020, charged defendant with committing a lewd or lascivious act upon a child under the age of 14 (§ 288, subd. (a); count 1); dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1); count 2); and continuous sexual abuse of a child (§ 288.5, subd. (a); count 3). On November 19, 2020, the complaint was deemed an information by stipulation of the parties. On February 11, 2021, the People amended the date count one was committed, and defendant then resolved this case by pleading guilty to count one, and in exchange, the other two counts as well as a misdemeanor matter were dismissed in the interests of justice with a Harvey waiver.2 The parties stipulated the factual basis for the plea would be taken from the probation report. This report stated that defendant had touched his stepdaughter’s breasts below her shirt and bra on multiple occasions over the course of approximately one and a half years. On July 1, 2021, the trial court denied defendant’s request for probation and sentenced him to the midterm of six years. The court also ordered defendant pay a $300 restitution fine (§ 1202.4), a $300 suspended parole revocation…