P. v. Chavez CA5
After his two nieces told their parents he had been touching them inappropriately over the course of several years, defendant Timothy Chavez was arrested and charged with multiple offenses. Following a trial by jury on 18 counts, defendant was convicted of the following offenses against victim S.A.: 12 counts of committing a lewd or lascivious act against a child under the age of 14 years (Pen. Code, § 288, subd. (a)) (counts 1–12); one count of contact or communication with a minor (Pen. Code, § 288.3, subd. (a)) (count 13); and one misdemeanor count of indecent exposure (Pen. Code, § 314, subd. (1)) (count 18). On counts 2 through 7, the jury found true that defendant had substantial sexual contact with a child under the age of 14 years, rendering him ineligible for probation (Pen. Code, § 1203.066, subd. (a)(8)). The jury was unable to reach a verdict on counts 14 through 17, committing a lewd or lascivious act against a child under the age of 14 years involving victim L.M.
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