People v. Carrillo CA1/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

Carrillo was charged by first amended felony complaint with three counts of oral copulation with a child under age 10 (§ 288.7, subd. (b)); two counts of forcible lewd acts (§ 288, subd. (b)(1)) with a special allegation of substantial sexual conduct (§ 1203.066, subd. (a)(8)); and one count of oral copulation of a person under age 14 (§ 287, subd. (c)(1)). Pursuant to a plea agreement, Carrillo pled no contest to the two counts of forcible lewd acts, admitting the special allegation, as well as the count of oral copulation of a person under age 14. The remaining counts were dismissed subject to a waiver under People v. Harvey (1979) 25 Cal.3d 754 for sentencing and restitution. The plea bargain expressly contemplated victim restitution, waiver of appeal, and a “10-year Stay-Away/No Contact CLETS Order.” According to the probation department’s presentence report, Carrillo was a childhood friend of Doe’s father and had been babysitting Doe since she was four months old. When Doe was four years old, she reported that Carrillo would lick her private parts and bottom with his mouth and that it happened “ ‘a lot of times.’ ” Doe’s mother stated…