17 P. v. Smith CA4/3
Despite being charged with nine counts of committing a lewd act upon a child under the age of 14 (Pen. Code, § 288, subd. (a)), along with multiple victims enhancements under section 667.1, subdivisions (b) and (e), a jury convicted defendant Christopher Andrew Smith of a single count of section 288, subdivision (a), and a lesser included count of misdemeanor assault (§ 240). The trial court denied probation and sentenced defendant to three years in state prison.
Defendant contends the trial court abused its discretion in denying him probation because it relied on unsupported statements made by the prosecutor that led it to believe he had a high risk of recidivism when the evidence showed to the contrary. We disagree and affirm the judgment.
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