P. v. Smith CA5
Defendant Christopher Alexander Smith was charged with four felony sex offenses against three children: (1) lewd or lascivious act on H., a child under the age of 14 years (§ 288, subd. (a) (section 288(a) or § 288(a)); count 1); (2) oral copulation or penetration of a child, Na., who was under the age of 10 years (§ 288.7, subd. (b); count 2); (3) felony use of a minor, Na., to perform prohibited acts through posing and modeling for purposes of preparing film, photograph, negative or slide (§ 311.4, subd. (c); count 3); and felony use of a minor, No., to perform prohibited acts through posing and modeling for purposes of preparing film, photograph, negative or slide (§ 311.4, subd. (c); count 4).
Defendant pled no contest to count 1, which carried a sentencing triad of three, six or eight years, and agreed to a sentencing lid of eight years. In exchange for his plea, counts 2, 3 and 4 were dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 (Harvey).
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