P. v. Mejia CA6
Defendant Juan Mario Camacho Mejia pleaded no contest to lewd conduct upon a child under 14 (Pen. Code, § 288, subd. (a)). The trial court found defendant not suitable for probation and sentenced him to the middle term of six years in prison.
On appeal, defendant contends the trial court abused its discretion in denying probation because the court: (1) failed to consider rehabilitation feasibility and his amenability to undergoing treatment pursuant to section 1203.066, subdivision (d)(1), which sets forth certain findings and orders the court must make before probation may be granted in a lewd conduct case; (2) failed to consider rehabilitation feasibility and amenability to treatment pursuant to California Rules of Court, rule 4.414, which sets forth the criteria affecting the decision to grant probation generally; and (3) improperly found certain aggravating factors.
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