P. v. Rivas CA6
We resolve this case by memorandum opinion pursuant to California Standards of Judicial Administration, Title 8, Standard 8.1. (See also People v. Garcia (2002) 97 Cal.App.4th 847, 853–855.)
A jury convicted defendant Jose Rivas of four counts of violating Penal Code section 288, subdivision (c)(1) [lewd act with a child 14 or 15 years old]. The complaining witness was his step-granddaughter. As described by the trial court at sentencing, “Count 1 involved the defendant getting on top of the victim and thrusting his lower body onto the victim’s lower body. [¶] Count 2 involved the defendant grabbing the victim’s hand and placing it onto his penis[.] [¶] Count 3 involved the defendant placing his hand on her vagina and attempting to insert his finger into the victim's vagina[.] [¶] Count 4 involved the defendant lifting the victim’s sports bra … allowing him to place his mouth on the victim’s nipple.” Defendant was sentenced to four years in prison, ordered to pay
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