P. v. Cepeda
In March 2008, the United States District Court for the Eastern District of California granted defendants application for a writ of habeas corpus. The district court ordered defendants conviction and sentence vacated and defendant released from custody unless a new charging document was filed within 60 days.
On May 5, 2008, within the 60 days, the Sacramento County District Attorney filed an information charging defendant with seven counts of committing lewd and lascivious acts on a child under the age of 14 based on events taking place in October 1998. ( 288, subd. (a).) Counts three through five included allegations of substantial sexual conduct. ( 1203.066, subd. (a)(8).) The information was amended on May 16, 2008, to set forth offense dates ranging from March to October 1998.
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