Candido Pena previously plead guilty to Penal Code 288.5. Today, there is a motion hearing scheduled in Courtroom 2 at 2 p.m. and the defendant is planning to withdraw his guilty plea. The People have filed an opposition to that motion. Pena is represented by private attorney Russ Clanton and DDA Zach Curtis had been prosecuting the case.
There was a hearing on March 10 in the Candido Pena case in which Dr. Renouf's report evaluating Pena was to be heard but it was continued. The evaluation is is according to Penal Code 288.1. This is not a high profile case and not one that other media is aware of. I will have another post after today's court hearing.
From: w.onecle.com
288.1. Any person convicted of committing any lewd or lascivious
act including any of the acts constituting other crimes provided for
in Part 1 of this code upon or with the body, or any part or member
thereof, of a child under the age of 14 years shall not have his or
her sentence suspended until the court obtains a report from a
reputable psychiatrist, from a reputable psychologist who meets the
standards set forth in Section 1027, as to the mental condition of
that person.
From: w.onecle.com:
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.
Feb 24, 2015
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. Russell 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 . 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."
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.
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