People v. Villegas
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Villegas was charged with six counts of lewd and lascivious acts on a child under 14 (his tenants’ daughters), dissuading a witness from reporting a crime (count seven), forcible rape of a minor over 14 (his daughter), sexual penetration by a foreign object on a minor over 14, and forcible oral copulation of a minor over 14. As to counts one through six, enhancements were alleged under the One Strike law, that the crimes were committed against children under the age of 14, and that Villegas was convicted of qualifying offenses against more than one victim. As to counts eight through ten, enhancements were alleged that the qualifying convictions committed by Villegas involved more than one victim. As to all counts, it was further alleged that upon conviction Villegas was ineligible for probation. Convicted, he was sentenced to 202 years to life in prison.
The court of appeal affirmed in part, rejecting an argument that defense counsel was ineffective for failing to seek exclusion of a portion of a custodial interrogation based on Miranda violations. The court reduced the sentences on counts eight to ten; an must information afford a One Strike defendant fair notice of the qualifying statutory circumstance or circumstances that are being pled, proved, and invoked in support of One Strike sentencing. Pursuant to the agreement of the parties, the court reduced his sex offender fine to $4,300 but imposed $12,320 in additional mandatory assessments.
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