P. v. Settanni
In May 2005, Jay Richard Settanni (Settanni) was charged by information with eight counts of committing lewd acts with a child under the age of 14. (Pen. Code, 288, subd. (a).)[1] The acts were alleged to have occurred between January 1, 2000, and May 28, 2004, and to have involved a single child, E.D.[2] The information further alleged that with respect to count 1 of the information Settanni had digitally penetrated the childs vagina or rectum, an enhancement allegation that if proven precludes a grant of probation. ( 1203.066, subd. (a)(8).) However, the district attorney dismissed this enhancement allegation on grounds of insufficiency of the evidence at the conclusion of the prosecutions case in chief. On February 14, 2007, a jury convicted Settanni on all counts, and less than a month later, the trial court sentenced Settanni to a nine year prison term. Settanni filed a timely appeal. The judgment is therefore reversed and the matter remanded for a new trial. Court dismiss the appeal as moot because it addresses trial issues not relevant to the case on remand.
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