P. v. Avalos
On July 6, 2011, an information was filed against defendant and appellant Ruben Avalos[1] involving three victims. As to Jane Doe 1, defendant was charged with five counts of engaging in unlawful sexual intercourse or sodomy with a person 10 years of age or younger. (Pen. Code, § 288.7, subd. (a), counts 1-5.) As to Jane Doe 2, defendant was charged with one count of engaging in oral copulation or sexual penetration (§ 288.7, subd. (b), count 6), and two counts of committing a lewd or lascivious act (§ 288, subd. (a), counts 7 & 8). As to Jane Doe 3, defendant was charged with one count of engaging in unlawful sexual intercourse or sodomy with a person 10 years of age or younger (§ 288.7, subd. (a), count 9), and two counts of engaging in oral copulation or sexual penetration (§ 288.7, subd. (b), counts 10 & 11).
On August 2, 2012, jury voir dire commenced. However, on August 7, 2012, prior to the completion of jury selection, a negotiated disposition was reached. By stipulation of the parties, six counts of section 288, subdivision (b)(1), (committing a lewd act on a child using force or violence), were added: counts 12 and 13 as to Jane Doe 1; counts 14 and 15 as to Jane Doe 2; and counts 16 and 17 as to Jane Doe 3. Defendant pled guilty to counts 12 through 17, in exchange for stipulated sentence of 46 years in state prison and the dismissal of the balance of the charges.
At the sentencing hearing, the trial court denied probation. The trial court then sentenced defendant to the agreed term of 46 years in state prison. Count 12 was deemed the principal count, and defendant was sentenced to the upper term of eight years on that count. Consecutive upper terms of eight years were imposed on counts 13 through 16, and a consecutive midterm of six years was imposed on count 17. The trial court awarded defendant 676 days of custody credits under section 2933.1. The court imposed a $200 restitution fine under section 1202.4, and a $200 parole revocation fine under section 1202.45, suspended pending successful completion of parole. The court also ordered defendant to register under section 290.
Defendant filed a timely notice of appeal, and Appellate Defendants, Inc., filed a timely amended notice.
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