Ortiz-Bravo

Ortiz-Bravo v. Eaton

Good Law
United States District Court, Northern District of CaliforniaApril 5, 20234:20-cv-08599California10,655 words

Opinion

Trial Court Opinion

I. FACTUAL AND PROCEDURAL BACKGROUND

18 The California Court of Appeal summarized the facts of petitioner’s offense as follows. 19 This summary is presumed correct. See Hernandez v. Small, 282 F.3d 1132, 1135 n.1 (9th Cir. 20 2002); 28 U.S.C. § 2254(e)(1). 21 The People charged defendant with thirty-five sexual offenses arising from the molestation of his daughter over a period of about seven years starting when she was seven years old. More specifically, the information charged the following crimes: oral copulation or sexual penetration of a child 10 years old or younger (Pen. Code, § 288.7, subd. (b),1 counts 1, 3, 7-8, 11-12); sexual intercourse or sodomy with a child 10 years old or younger (§ 288.7, subd. (a), counts 5, 6, 9-10); forcible lewd acts upon a child under the age of 14 (§ 288, subd. (b)(1), counts 2, 4); aggravated sexual assault of a child under the age of 14 by rape (§ 269, subd. (a)(1), counts 13-14, 17-18, 21-22) and by 27 oral copulation (§ 269, subd. (a)(4), counts 15-16, 19-20, 23-24); forcible rape of a minor over 14 years old (§ 261, subd. (a)(2), counts 25, 27,…

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