People v. Nukida CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Charges, Trial, and Sentencing On September 12, 2022, the Santa Cruz County District Attorney’s Office filed a first amended information charging Nukida with 19 criminal counts as follows: six counts of committing a lewd act upon a child under the age of 14 (§ 288, subd. (a); counts 1-2, 6-7, 17-18); 12 counts of committing a forcible lewd act upon a child under the age of 14 (§ 288, subd. (b)(1); counts 3-5, 8-16); and one count of committing a lewd act upon a child between the ages of 14 and 15 years old and 10 or more years younger than Nukida (§ 288, subd. (c)(1); count 19). On September 14, 2022, after a 12-day trial, the jury found Nukida guilty on all 19 counts as charged. On October 19, 2022, the trial court sentenced Nukida to an aggregate term of 112 years and eight months in prison. Nukida’s sentence consisted of the following: 12 consecutive terms of the middle term of eight years for committing a forcible lewd act upon a child under the age of 14 (counts 3-5, 8-16); the middle term of six years on one count of committing a lewd act against a child under the age of 14 (count 1); six consecutive terms of two years (one-third…