P. v. Morgan
Mark Anthony Morgan entered negotiated guilty pleas to two counts of committing a lewd act on a child (Pen. Code, 288, subd. (a); all statutory references are to the Penal Code) and admitted he had substantial sexual conduct with a child under 14 years of age ( 1203.066, subd. (a)(8)) with respect to each count. Under the plea bargain, the prosecution agreed to dismiss four other counts of committing a lewd act on a child and two counts of committing a forcible lewd act on a child ( 288, subd. (b)(1)). The trial court sentenced Morgan to a 10 year prison term; the eight year upper term for the first count plus two years (one third the middle term) for the second count. As circumstances in aggravation, the court noted the crime involved a high degree of callousness, the victim was vulnerable and Morgan had taken advantage of a position of trust to commit the offense.
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