People v. Guerra CA3

I. BACKGROUND

In order to facilitate a plea, the People’s third amended information charged defendant with: assault with intent to commit a specified sexual offense (Pen. Code,

1 § 220, subd. (b)—count 1);1 burglary (§ 459—counts 2 and 5); lewd and lascivious behavior upon a child aged 14 or 15 (§ 288, subd. (c)(1)—counts 3 and 4); misdemeanor sexual battery (§ 243.4, subd. (e)(1)—count 6); and assault with intent to commit a specified sexual offense on an individual under 18 years of age (§ 220, subd. (a)(2)— count 7). The information further alleged that count 7 was committed with a deadly weapon. (§ 12022.3, subd. (b).) This information also alleged 10 circumstances in aggravation for purposes of sentencing. Defendant pled no contest to counts 5, 6, and 7. Defendant also admitted the deadly weapon enhancement. In exchange, defendant would receive a stipulated aggregate prison term of 14 years comprised of the upper term of nine years on count 7, plus five years for the weapon enhancement. Defendant would also receive concurrent terms for counts 5 and 6. The stipulated factual basis for defendant’s plea was the preliminary hearing transcript with the addition that defendant…