People v. Figueroa CA5

BACKGROUND

Charges The Tulare County District Attorney charged Figueroa with committing seven crimes. Counts 1 and 2 charged violations of section 288, subdivision (b)(1), forcible lewd act on a victim under 14 years old. Each count included a special allegation the crimes involved binding and tying the victim within the meaning of section 667.61, subdivisions (a), (b), and (e). Counts 3, 4, and 5 charged violations of section 288, subdivision (a), lewd act on a victim under 14 years old. Counts 4 and 5 included a special allegation the crimes

1 Undesignated statutory references are to the Penal Code.

2. involved substantial sexual conduct within the meaning of section 1203.066, subdivision (a)(8).2 Count 6 charged a violation of section 136.1, subdivision (b)(2), dissuading a witness from participating with the prosecution. Count 7 charged a violation of section 273.6, subdivision (a), disobeying a domestic relations court order. Trial Evidence The victim testified Figueroa assaulted her while she was sleeping in her bed. After binding her wrists with window curtains and electrical cords, he attempted to penetrate her and grabbed her breast. DNA samples taken near the victim’s…