P. v. Andrino CA4/2
This is the third appeal in this case. In 2011, defendant and appellant Adrian Andrino was convicted of unlawful oral copulation with a person under the age of 18 (Pen. Code, § 288a, subd. (b)(1)) and lewd act upon a child under the age of 14 without force (§ 288, subd. (a)). The trial judge sentenced him to state prison for a total term of six years eight months. This court reversed and remanded the matter for resentencing on the ground that the trial judge erred in finding him ineligible for probation. (People v. Andrino (Sept. 17, 2013, E055371) [nonpub. opn.].) On remand, another judge denied probation and sentenced defendant to state prison for the same term initially imposed. This court again reversed and remanded the matter for resentencing on the grounds that the judge’s sentencing choices and reasons were based on bias and/or improper aggravating factors. (People v. Andrino, supra, E060793.) On remand, Judge Dennis A. McConaghy denied probation and sentenced def
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