P. v. Ruiz CA6
Defendant Carlos Molina Ruiz was charged in a felony complaint with assault with intent to commit a felony (Pen. Code, § 220, subd. (a)(1); count 1) and sexual battery (§§ 242, 243.4, subd. (a); count 2). The complaint also alleged various sentencing enhancements. Defendant pleaded no contest to both counts and admitted the special allegations. Prior to sentencing, the trial court permitted defendant to withdraw his no contest plea as to count 2 only, and he then pleaded not guilty by reason of insanity to that count. On February 10, 2017, the court found defendant not guilty by reason of insanity to count 2. It sentenced defendant on the count 1 conviction to 25 years to life consecutive to five years, but stayed the sentence pursuant to section 1026.2, subdivision (m). The court committed defendant as to count 2 to the California Department of State Hospitals for a maximum term of 25 years to life consecutive to five years. (See §§ 1026, 1026.5.)
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