P. v. Rivas
On April 8, 2009, an amended information charged defendant and appellant Steven Joseph Rivas (defendant) with aggravated sexual assault of a child under 14 years of age in violation of Penal Code[1] section 269, subdivision (a)(5) (count 1); two counts of lewd and lascivious acts on a child under the age of 14 years in violation of section 288, subdivision (b)(1) (counts 2, 3); and four counts of lewd and lascivious acts on a child under the age of 16 years in violation of section 288, subdivision (c)(1) (counts 4, 5, 6, 7). At his arraignment on the same date, defendant pled not guilty to all the charges.
On November 30, 2009, a jury trial commenced. On December 8, 2009, on motion by defendant, the trial court amended count 1 to allege a lewd and lascivious act in violation of section 288, subdivision (a), not section 269, subdivision (a)(5). On December 11, 2009, the jury returned guilty verdicts as to all seven counts.
On April 9, 2010, the trial court denied probation and sentenced defendant to a total term of 18 years in state prison: middle term of six years for count 1; consecutive middle terms of six years each for counts 2 and 3; and concurrent middle terms of two years each for counts 4 through 7.
Moreover, the trial court imposed a restitution fine in the amount of $2,000, and imposed a suspended parole revocation fine in an equal amount under section 1202.45. The court also imposed a $2,000 fine under section 290.3; a conviction assessment fee of $30 per count of conviction; a $210 court security fee under section 1465.8, subdivision (a)(1); and a $367.74 victim restitution fee under section 1202.4, subdivision (f), and reserved jurisdiction as to further victim restitution. The court further ordered defendant to comply with the DNA and fingerprint requirements under section 296. The court awarded defendant 120 days of actual custody credit plus 18 days of local conduct credits under section 2933.1.
On April 9, 2010, defendant filed a timely notice of appeal.
Comments on P. v. Rivas