P. v. Castro
Miguel Castro appeals from the judgment following his conviction by jury of three counts of a lewd act upon a child (M.) in violation of Penal Code section 288,[1] with true findings of substantial sexual conduct as to each count (§ 1203.066, subd. (a)(8)), and one count of an attempted lewd act on a child (§§ 664/288). The trial court sentenced him to state prison for an aggregate term of three years. It also ordered him to pay $50,000 restitution to victim M. for her psychological (noneconomic) loss, and $35,255.23 restitution to her parents for their economic loss. Appellant contends that he was deprived of due process because the prosecution failed to preserve potentially exculpatory evidence, and because the trial court ordered direct victim restitution without a jury determination of the amount of the loss. We affirm.
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