People v. Ronquillo CA3

Filed 10/14/22 P. v. Ronquillo CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C094581

Plaintiff and Respondent, (Super. Ct. No. 20CF03128)

v.

TOBY RONQUILLO,

Defendant and Appellant.

Defendant Toby Ronquillo pleaded no contest to one count of continuous sexual abuse of a child, including at least three acts of substantial sexual conduct. The trial court imposed the 16-year upper term and ordered no contact with the victim. On appeal, defendant contends: (1) he is entitled to resentencing pursuant to Penal Code section 1170.911 ; (2) he is entitled to resentencing given recent ameliorative legislative changes

1 Undesignated statutory references are to the Penal Code.

1

in the law; and (3) the order barring him from contact with the victim was an unauthorized sentence. Reaching only defendant’s first contention, we reverse and remand for resentencing. BACKGROUND 2 Over the course of approximately three years, and while the victim—A.R.—was between ages 13 to 16, defendant engaged in a pattern of sexual abuse that included “ ‘grinding’ ” his genitals against A.R. while holding him, oral copulation, and sodomy. Based on this course of conduct, defendant was charged with one count of committing a lewd act on a child under 14 years old (§ 288, subd. (a)), one count of continuous sexual abuse of a child, including at least three acts of substantial sexual conduct (§ 288.5, subd. (a)), one count of oral copulation of a child under 14 years old and more than 10 years younger than defendant (§ 287, subd. (c)(1)), and one count of sodomy of a child under 14 years old and more than 10 years younger than defendant (§ 286, subd. (c)(1)). In 2021, defendant pleaded no contest to one count of continuous sexual abuse and the trial court dismissed the remaining counts with a Harvey3 waiver. At sentencing, the trial court ordered a section 288.1 forensic psychologist report due to the sexual nature of defendant’s crimes. The report concluded defendant was a low risk to reoffend. Defendant argued that this conclusion was good cause to grant probation pursuant to section 1170.9. In support of his argument, defendant referred to the probation and forensic psychologist’s reports which noted he served in the United States Army and sustained a traumatic brain injury during a parachuting accident. By the conclusion of his military service, defendant had been diagnosed with bipolar disorder, major depression, and posttraumatic stress disorder (PTSD). The probation report also