People v. Casarez CA3

BACKGROUND

The San Joaquin County District Attorney charged defendant with a violation of Penal Code section 289, subdivision (a)(1)(B), sexual penetration with force on a person under 14 years of age (count 1), and a violation of Penal Code section 288, subdivision (a), lewd acts upon a child (count 2). On March 3, 2021, pursuant to a negotiated plea agreement, count 1 was dismissed, and defendant pled no contest to violating Penal Code section 288, subdivision (a), as charged in count 2. The factual basis for his plea was “defendant did willfully and unlawfully commit a lewd and lascivious act, specifically he touched the breasts and the vagina of the victim, . . . a child under the age of fourteen years, and he did so with the intent of arousing, appealing to, and gratifying the lusts, passions and sexual desires of said defendant.” At the beginning of the plea hearing, defense counsel indicated defendant had a leg injury that counsel would like to address “at some point.” The court then proceeded with the plea. During the hearing, the court asked defendant 18 times if he understood what he was doing and each time he indicated he did. Additionally, the court asked defendant if…