P. v. Gutierrez CA2/1
An information, filed January 5, 2015, charged appellant Alfred Gutierrez with four counts of lewd acts on a child under the age of 14 years old, in violation of Penal Code, section 288, subdivision (a). The information further alleged that all four counts were serious felonies, pursuant to section 1192.7, subdivision (c), and that count 1 was a violent felony, pursuant to section 667.5, subdivision (c). The information alleged further that Gutierrez had committed offenses defined in section 667.61, subdivision (c), against more than one victim, and that he was thus subject to a potential life sentence pursuant to section 667.61, subdivision (a).
At the preliminary hearing in the case, Gutierrez’s adult daughter testified that, on multiple occasions beginning when she was about five years old, Gutierrez touched her private parts and made her touch his penis. She also testified that on multiple occasions, he made her perform oral sex on him. The six-year-old daughter of Gutie
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