P. v. Martinez
An information charged defendant Joseph Coronado Martinez with continuously sexually abusing a child under age 14 over a two-year-period (Pen. Code, § 288.5, subd. (a); count 1)[1] and committing a forcible lewd act on her (§ 288, subd. (b)(1); count 2). Defendant initially pleaded not guilty to both counts. But after trial commenced, he changed his plea on count 1 to guilty, with the understanding he would be sentenced to a maximum prison term of six or 12 years. The People dismissed count 2 pursuant to section 288.5, subdivision (c). The court denied defendant’s request for probation and sentenced him to the low term of six years on count 1. (§ 288.5, subd. (a).) On appeal defendant contends the court abused its sentencing discretion by denying him probation. We disagree and affirm the judgment.
Comments on P. v. Martinez