Root Harvest Birmisa was arrested by HCSO on September 19 for PC 288.3(a) contacting a minor to commit a sex crime or felony, PC 647.6(b) annoying or molesting a child, PC 459/461(a) burglary. Bail at booking was $55,000. At arraignment this afternoon, it was increased to $75,000.
The DA charged Birimisa with Count 1 PC 288 (a) lewd and lascivious acts with a child. Count 1 special allegation PC 667.61 (a) aka California’s one-strike law. According to Shouse Law, "This section imposes additional prison time for a number of sex crimes when committed under specific aggravating circumstances. Depending on the case, this section could increase a prison sentence by 15 years, 25 years, or life in prison." PC 667.61 is referred to as a one-strike law because it can lead to a life sentence for a single conviction, even if the defendant has no prior strike convictions. Count 2 PC 220 (b) assault with intent to commit a felony which often includes crimes such as mayhem, rape, sodomy and oral copulation. Count 2 special allegation PC 1203.065 (a) grant of probation is prohibited.
Deputy District Attorney Whitney Timm is the prosecutor for this case. Conflict Counsel's office was appointed. OR/bail is 9/27; preliminary hearing is October 4.
Charges:
9/27: At the OR/bail hearing, people objected to supervised release and it was denied by Judge Steven Steward.
10/4: Preliminary hearing continued to 11/6 by defense. Time estimate 1.5 hours.
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