P. v. Diaz CA4/1
Joaquin Alvarado Diaz was charged with eight counts of felony sexual abuse: unlawful sexual intercourse/sodomy (Pen. Code, § 288.7, subd. (a); counts 1, 4, 6); oral copulation/sexual penetration (§ 288.7, subd. (b); counts 2, 5, 7); forcible lewd act upon a child (§ 288, subd. (b)(l); count 3); and lewd act upon a child (§ 288, subd. (a); count 8). Diaz pleaded no contest to one count of committing a lewd act upon a child under 14 years of age (§ 288, subd. (a)), and the remaining counts were dismissed. His plea included a Harvey waiver. The court suspended imposition of sentence and placed Diaz on three years’ formal probation subject to various terms and conditions, including that he serve one year in county jail.
The court awarded the minor restitution in the amount of $665,000 as follows: $300,000 for past noneconomic damages for psychological harm due to Diaz’s criminal conduct ($50,000 per year for the six years of abuse she suffered from January 2014 to March 2020),
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