People v. Peyton, No. E044069
Convictions for committing a lewd act with duress, fear or force on a child under the age of 14 and aggravated sexual assault are reversed in part and affirmed in part where: 1) defendant's counsel's failure to object to the addition of the charge for committing a lewd act with duress, fear or force on a child under the age of 14 constituted ineffective assistance of counsel as it was an additional charge not pled in the amended complaint to which defendant waived his right to a preliminary hearing; and 2) the charges in his convictions for aggravated sexual assault were effectively pleaded in the amended complaint and such convictions were lawful.
APPEAL from the Superior Court of Riverside County. Bernard Schwartz, Judge. Affirmed in part and reversed in part with directions.
FOURTH APPELLATE DISTRICT, DIVISION TWO
Filed August 10, 2009
Before King, J., Hollenhorst, Acting P.J., Miller, J.
Opinion by King, J.
For Plaintiff: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Peter Quon, Jr. and Angela M. Borzachillo, Deputy Attorneys General.
For Defendant: Jean Matulis, under appointment by the Court of Appeal.