People v. Montoya
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Defendant, formerly a physical therapist, was charged with sexual penetration by foreign object (count 1); sexual penetration by foreign object of a person incapable of giving legal consent because of a mental disorder or developmental or physical disability (count 2); sexual battery (count 3); lewd conduct by a caretaker upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person (count 4); and lewd conduct by a caretaker upon a dependent person (count 5). Defendant pleaded guilty to count 5 and the remaining charges were dismissed. Defendant received a one-year jail sentence, of which 364 days were suspended, one day of credit for time spent in custody awaiting sentencing, and three years' felony probation.
In a partially published opinion, the Court of Appeal remanded to the trial court to modify the term of probation to conform with Assembly Bill No. 1950, which limits the maximum probation term a trial court is authorized to impose for most felony offenses to two years, and permit the People and trial court an opportunity to withdraw from the plea agreement. The court also concluded that the trial court did not abuse its discretion when it denied defendant's withdrawal motion, and because the case will be remanded for modification of the length of defendant's probation term, defendant's Dueñas argument is moot.
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