P.

P. v. Carroll CA2/2

Good Law
Court of Appeal of CaliforniaMay 1, 2013B243459California452 words

Opinion

Opinion

facts are taken from the probation report. On July 9, 2012, sheriff’s officials investigated a report that appellant had inappropriately touched his five-year-old daughter in a sexual manner. Appellant admitted that he had touched the victim inappropriately on several occasions and that he had participated in inappropriate sexual acts with her. After consulting with counsel, appellant pled guilty to one count of oral copulation of a person under the age of 14, in violation of Penal Code section 288a,

* BOREN, P. J., ASHMANN-GERST, J., CHAVEZ, J. subdivision (c)(1),1 and one count of lewd conduct on a child under 14 years of age (§ 288, subd. (a)). Pursuant to a plea agreement, the court sentenced appellant to state prison for eight years comprised of the middle term of six years for one count (§ 288a, subd. (c)(1)), and a consecutive two-year sentence for the second count (§ 288, subd. (a)). The trial court imposed various fines and court fees and appellant was awarded three days of actual custody credit. Appellant filed a timely notice of appeal from the judgment in which he checked the preprinted boxes indicating, “This appeal is based on the sentence or other matters…

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