P. v. Chiriac CA4/2
On July 27, 2009, an amended information charged defendant with three counts of lewd and lascivious acts upon a child under 14 (Jane Doe) by use of force, violence, duress, menace and fear under Penal Code section 288, subdivision (b)(1) (counts 1-3). The information also alleged that counts 1 and 2 occurred on or about May 2006, and count 3 occurred “on or about the year of 2006.”
On November 5, 2009, as to count 1, a jury found defendant guilty of violating section 288, subdivision (a), a lesser included offense of section 288, subdivision (b)(1). The court declared a mistrial on its own motion as to counts 2 and 3. After the court and counsel conferred regarding a section 288.1 referral, the court appointed Dr. Robert Suiter to examine defendant and to provide a report. The court also ordered both defense counsel and the prosecutor to submit simultaneous sentencing memorandums.
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