People v. Piquinto CA5

Filed 8/21/24 P. v. Piquinto CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F087718 Plaintiff and Respondent, (Super. Ct. No. VCF434843) v.

CATALINO MORALES PIQUINTO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Jennifer Conn Shirk, Judge. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Meehan, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is from a final judgment following a no contest plea that finally disposes of all issues between the parties. (Cal. Rules of Court,1 rule 8.304(b); Pen. Code,2 § 1237.5.) STATEMENT OF THE CASE On October 26, 2022, the Tulare County District Attorney filed a complaint charging Piquinto with ten counts of a lewd act upon a child under the age of 14 (§ 288, subd. (a)) and alleged with respect to counts 1 through 4 that he had substantial sexual conduct with a child under the age of 14. (§ 1203.066, subd. (a)(8).) On November 16, 2023, Piquinto pleaded no contest to three counts of a lewd act upon a child under the age of 14 (§ 288, subd.(a)) and admitted that he had substantial sexual conduct with a child under the age of 14 (§ 1203.066, subd. (a)(8)) on the condition that he receive a 12-year sentence and the remaining charges and allegations be dismissed at sentencing. The parties stipulated to a Tulare Police Department report as the factual basis for the plea. Piquinto also stipulated to three aggravating factors, including a vulnerable victim (rule 4.421(a)(3)), violent conduct (rule 4.421(b)(1)), and planning and sophistication (rule 4.421(a)(8).) Piquinto waived his right to appeal.3 On January 18, 2024, the trial court sentenced Pinquito to the upper term of eight years on count 1, and one the third the mid-term of two years, consecutively, on counts 2 and 3, for a total of 12 years. Over objection, the trial court imposed a $10,000 restitution fine (§ 1202.4, subd. (b)); a suspended $10,000 probation revocation restitution fine (§ 1202.45); three