P. v. Rodriguez CA5
Appellant Eric Charles Rodriguez stands convicted of assault on a person under the age of 18 years with intent to commit rape (Pen. Code § 220, subd. (a)(2)) and committing a lewd or lascivious act upon a child 14 or 15 years of age (§ 288, subd. (c)(1)). At sentencing, the trial court ordered Rodriguez to submit to AIDS (acquired immunodeficiency syndrome) testing under section 1202.1. Rodriguez contends the evidence does not support the section 1202.1 order. The People agree. We will remand the matter for further proceedings consistent with People v. Butler (2003) 31 Cal.4th 1119 (Butler).
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