PEOPLE v. GUTIERREZ

Docket No. A037048.

195 Cal.App.3d 881 (1987)

241 Cal. Rptr. 180

THE PEOPLE, Plaintiff and Respondent, v. RAMIRO LEMOS GUTIERREZ, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

October 26, 1987.


Attorney(s) appearing for the Case

COUNSEL

C. Wallace Coppock for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Stan M. Helfman and David H. Rose, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

KING, J.

In this case we hold the sentencing court erred, though harmlessly, in finding a child molester ineligible for probation on the ground the defendant, a relative of the victim, did not reside with her.

Ramiro Lemos Gutierrez appeals from a judgment of imprisonment for 3 counts of lewd and lascivious conduct upon a child under 14 years old (Pen. Code, § 288, subd. (a)) and 1 count of oral copulation with...

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