People v. Moreno CA1/2

BACKGROUND

On September 23, 2020, Moreno was charged by information with two counts of sexual intercourse or sodomy with a child under the age of 10 (§ 288.7, subd. (a)) (counts 1 and 2); two counts of oral copulation or sexual penetration of a child under the age of 10 (§ 288.7, subd. (b)) (counts 3 and 4); oral copulation of a child under the age of 14 and more than 10 years younger than Moreno (§ former 288a, subd. (c)(1)) (count 5); sodomy with a child under the age of 14 and more than 10 years younger than Moreno (§ 286, subd. (c)(1)) (count 6); and sending harmful material to a minor with sexual intent (§ 288.2, subd. (a)(2)) (count 7). The information alleged as enhancements that counts 1 through 6 were one of several offenses involving the same victim on separate occasions (§ 667.6, subds. (c) & (d)). On August 19, 2021, Moreno entered into a negotiated plea bargain under which he pleaded no contest to two counts of sodomy by force or fear with a child under the age of 14 (§ 286, subd. (c)(2)(B)), charges that were reasonably related to counts 1 and 2. The remaining counts and enhancements were dismissed. On November 1, the trial court sentenced Moreno to 20 years in…