P.

INTRODUCTION

On July 6, 2011, an information was filed against defendant and appellant Ruben

Avalos1 involving three victims. As to Jane Doe 1, defendant was charged with five

counts of engaging in unlawful sexual intercourse or sodomy with a person 10 years of

age or younger. (Pen. Code, § 288.7, subd. (a), counts 1-5.) As to Jane Doe 2, defendant

was charged with one count of engaging in oral copulation or sexual penetration (§ 288.7,

subd. (b), count 6), and two counts of committing a lewd or lascivious act (§ 288,

subd. (a), counts 7 & 8). As to Jane Doe 3, defendant was charged with one count of

engaging in unlawful sexual intercourse or sodomy with a person 10 years of age or

younger (§ 288.7, subd. (a), count 9), and two counts of engaging in oral copulation or

sexual penetration (§ 288.7, subd. (b), counts 10 & 11).

On August 2, 2012, jury voir dire commenced. However, on August 7, 2012, prior

to the completion of jury selection, a negotiated disposition was reached. By stipulation

of the parties, six counts of section 288, subdivision (b)(1), (committing a lewd act on a

child using force or violence), were added: counts 12 and 13 as to Jane Doe 1; counts…