Defendant Pena pleads guilty to Penal Code 288.5 (a) ; Judge will decide whether prison or probation for sexual conduct with a child

A jury trial was vacated for Candido Pena today because he entered a change of plea. He was charged with Penal Code 288.5 (a) and held to answer to all charges last June after a preliminary hearing. His attorney is Mr. Rusell Clanton.

288.5.  (a) Any person who either resides in the same home with the
minor child or has recurring access to the child, who over a period
of time, not less than three months in duration, engages in three or
more acts of substantial sexual conduct with a child under the age of
14 years at the time of the commission of the offense, as defined in
subdivision.

I contacted DA Maggie Fleming asking why there was a plea in this case for the above charge under her administration. She responded promptly. Under Ms. Fleming's administration, we actually get answers, and promptly.

"Deputy District Attorney Zack Curtis handled this case. The defendant pled guilty to one count of Penal Code section 288(a) after discussion with the victim and family.  It is very important to this office how the family feels about the possible plea and consequences and it was with their agreement that the People accepted the guilty plea by the defendant.  The defendant has been referred for a psychological evaluation and that report is due back on March 10.  After that report is received it will be referred to probation and a date for sentencing will be scheduled.  At sentencing the Judge will decide if the defendant should receive prison or probation."