P. v. Smith
Around December of 2005, defendant and appellant Marshall Smith began having a sexual relationship with his biological daughter, Jane Doe, a minor under the age of 16. The relationship included sexual intercourse and oral copulation. The relationship continued through March or April of 2006. On December 17, 2007, an information was filed against defendant. The information charged defendant with four counts of unlawful sexual intercourse with a minor under the age of 16 years under Penal Code section 261.5, subdivision (d) (counts 14); and four counts of unlawful oral copulation of a person under 16 under section 288a, subdivision (b)(2) (counts 58). The information also alleged that defendant had one prison prior under section 667.5, subdivision (b); and one strike prior under sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through (i).
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