People v. Lua CA6

I. BACKGROUND

A. The Operative Information On August 23, 2019, the Santa Clara County District Attorney’s Office filed a first amended information charging Lua with six counts of lewd or lascivious acts by force, violence, duress, menace, and fear on a child under the age of 14 (§ 288, subd. (b)(1); counts 1-4, 18 & 19), two counts of sexual intercourse or sodomy with a child 10 years of age or younger (§ 288.7, subd. (a); counts 5 & 6), six counts of oral copulation or sexual penetration with a child 10 years of age or younger (§ 288.7, subd. (b); counts 7-10, 20 & 21), two counts of aggravated sexual assault of a child (sexual intercourse) (§ 269; counts 11 & 12), four counts of aggravated sexual assault of a child (oral copulation) (§ 269; counts 13, 14, 22 & 23), two counts of aggravated sexual assault of a child (sexual penetration) (§ 269; counts 15 &16), and one count of sending harmful matter to a minor (§ 288.2, subd. (a)(1); count 17). Counts 1 through 17 identified M.D. as the victim and counts 18 through 23 identified J.D. as the victim. As to counts 1 through 4, 18, and 19, it was further alleged that Lua had been convicted either in the present case or in past…