People v. Arroyo CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedure On October 9, 2019, the Monterey County District Attorney filed an information charging Gonzalez Arroyo with two counts of committing a lewd act on a child (§ 288, subd. (c)(1); counts 1, 2); contact with a minor for a sexual offense (§ 288.3, subd. (a); count 3); and rape of an unconscious person (§ 261, subd. (a)(4); count 4). At the conclusion of the trial, the jury convicted Gonzalez Arroyo on all four counts. On June 16, 2021, the trial court sentenced Gonzalez Arroyo to a total term of nine years and eight months, consisting of the upper term of eight years on count 4 plus two consecutive eight-month terms (one-third of the middle term of two years) on counts 1 and 2 plus a consecutive four-month term (one-third of the middle term of one year) on

pre-trial agreement not to use the term CSAAS at trial. (See People v. Lapenias (2021) 67 Cal.App.5th 162, 169 (Lapenias) [summarizing the five components of CSAAS].) 3 Unspecified statutory references are to the Penal Code. 2 count 3. The trial court awarded 47 custody credits plus 7 days of conduct credits, calculated at 15 percent pursuant to section 2933.1, for a total of…