People v. de Leon CA1/5

I. BACKGROUND

In November 2019, an information charged Calderon de Leon with: (1) lewd acts upon a child (Pen. Code,1 § 288, subd. (a); counts 1, 2, and 5); (2) oral copulation with a child (§ 288a, subd. (c)(1); counts 3 and 6); and

1 All further statutory references are to the Penal Code.

1 (3) sodomy of a child (§ 286, subd. (c)(1); counts 4 and 7). As to counts 4 and 7, the information alleged that the offenses were violent felonies within the meaning of section 667.5, subdivision (c)(4). As to all counts, the information alleged that Calderon de Leon engaged in substantial sexual conduct within the meaning of section 1203.066, subdivision (a)(8). Following trial, the jury found Calderon de Leon guilty of all counts. The trial court sentenced Calderon de Leon to a total of 15 years in prison, consisting of three years on count 4 and consecutive terms of two years on each of the remaining six counts. Calderon de Leon timely appealed. A. John Doe’s Testimony John Doe was 23 years old at the time he testified at the trial. Calderon de Leon is his half-brother and is 12 years older than him. When John Doe was six years old, Calderon de Leon moved in with him, their mother, and…