P.

P. v. Segrest CA4/1

Good Law
Court of Appeal of CaliforniaApril 10, 2013D060690California5,996 words

Opinion

Opinion

Nares, J.

INTRODUCTION

This appeal involves two cases:

Case No. SCD222967 (firearm possession case)

In March 2010 Imshay Raymone Segrest pleaded guilty in case No. SCD222967

to one count of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1))

(undesignated statutory references will be to the Penal Code) and admitted he had two prison prior convictions within the meaning of sections 667.5, subdivision (b) and 668.

In July of that year, the court placed Segrest on three years of formal probation and

suspended imposition of sentence for that period of time.

In April 2011 the court revoked Segrest's probation based on evidence admitted at

the preliminary hearing held in case No. SCD232213 (discussed, post), in which he was

charged with two counts of committing a forcible lewd act upon his cousin, D.E., a child

under the age of 14 years, in violation of section 288, subdivision (b)(1) (hereafter

§ 288(b)(1)).

Case No. SCD232213 (forcible lewd act case)

In August 2011 a jury convicted Segrest in case No. SCD232213 of one count of

committing a forcible lewd act upon D.E., a child under 14 years of age, in violation of

section 288(b)(1), as charged in count 1.…

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