P.

P. v. Bernal CA3

Good Law
Court of Appeal of CaliforniaMay 20, 2013C072782California501 words

Opinion

Opinion

BACKGROUND

On April 2, 2012, the People filed an amended information charging defendant with 10 counts of lewd and lascivious acts on a child under 14 years of age (Pen. Code,1 § 288, subd. (a)). It was alleged as to all counts that defendant committed the offense

Further undesignated statutory references are to the Penal Code.

1 against more than one victim (§ 667.61, subd. (e)(5)), that he had a prior conviction for a sexual offense (§ 667.71), that he had been convicted of a serious felony (§ 667, subd. (a)(1)) and a strike (§ 1170.12, subd. (b)), and that he was ineligible for probation because he had been convicted of violating section 288, subdivision (a), involving more than one victim (§ 1203.066, subds. (a)(5), (a)(7)). On September 25, 2012, the People amended the information to charge continuous sexual abuse of a child under 14 years of age (§ 288.5, subd. (a)) as count 4. Defendant thereafter pled guilty to counts 4 and 9 and admitted the prior strike and the prior serious felony conviction, on the understanding that the remaining counts and allegations would be dismissed and he would receive a stipulated state prison term of 29 years. The trial court recited…

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