P. v. Sanchez CA3
Defendant, born in September 1993, was charged with forcible rape of a child under 14 years of age (§ 261, subd. (a)(2)), showing pornography to a minor (§ 288.2, subd. (a)(2)), possession of child or youth pornography (§ 311.11, subd. (a)), and continuous sexual abuse, from December 2013 to February 2016, of a child under 14 years of age (§ 288.5, subd. (a)).
Defendant pleaded no contest in an open plea to continuous sexual abuse of a child under 14 years old and the remaining counts were dismissed with a Harvey waiver. The probation report was stipulated as the factual basis for the plea.
The probation report, which relied on the police reports, stated defendant had lived with A.Y. and her two daughters, C.Y. and K.M., for about a year and a half and A.Y. said during that time, “defendant was a ‘father figure’ to both of her daughters.”
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