People v. Huertablancas CA3

BACKGROUND

On July 23, 2021, defendant agreed to plead guilty to two counts of committing a lewd or lascivious act on a child under the age of 14 for a sentence ranging from six to 10 years. The People stated the factual basis for the plea to counts one and two, as follows: “Between the dates of August 1st, 2008, and September 30th, 2011, the defendant[,] who was the stepfather of [K.], who was the age of 10 to 13 years old during that time. He would approach [K.] while she was sleeping, and he would touch her vagina over her clothes, and he would do this one to three times a week during that entire period, and he did this with intent of arousing himself.”2 On December 3, 2021, the trial court sentenced defendant to the upper term of eight years on count one and two years (one-third of the midterm) consecutive on count two, for a total aggregate term of 10 years. As factors in aggravation, the trial court stated the crime involved great bodily harm (rule 4.421(a)(1));3 the victim was particularly vulnerable (rule 4.421(a)(3)); the crime was committed in a sophisticated manner (rule 4.421(a)(8)); and defendant took advantage of a position of trust. (Rule 4.421(a)(11).)

…