P. v. Perez
After a court trial, defendant Billy Joe Perez was convicted as charged of two counts of committing lewd acts on C., a boy under the age of 14. (Pen. Code, § 288, subd. (a).)[1] After obtaining a diagnostic study regarding defendant's suitability for probation, the trial court denied probation and sentenced defendant to eight years in prison, the middle term of six years on count 1 and one-third the midterm, two years, on count 2.
On appeal, defendant contends that the trial court improperly denied probation based on his failure to admit guilt. He also asks us to independently review the victim's school records to determine whether the trial court erred in finding they contained no discoverable material. For the reasons stated below, we will affirm the judgment.
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