People v. Bracamontes CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Bracamontes with 16 counts: counts 1 through 3— aggravated sexual assault by forcible sexual penetration of a child under 14 and seven or more years younger than the defendant (Pen. Code, §§ 269, subd. (a)(5), 289, subd. (a))2; counts 4 through 7, and counts 14 through 16—lewd or lascivious act upon a child under 14 (§ 288, subd. (a)); and counts 8 through 13—lewd or lascivious act upon a child under the age of 14 years by force, violence, duress, menace, and fear (§ 288, subd. (b)(1)). As

1 In case No. H052051, Bracamontes petitions for writ of habeas corpus challenging the conviction. On April 26, 2024, we ordered the petition considered with this appeal. We later vacated the order of April 26, 2024, and ordered instead that the habeas petition proceed in this court separately from this appeal. 2 Subsequent undesignated statutory references are to the Penal Code.

2 to counts 4 through 16, the prosecution further alleged Bracamontes committed the offenses against more than one victim (§ 667.61, subds. (b), (e), & (j)(2)). The case proceeded to trial in 2019. The jury acquitted Bracamontes on…