FACTS AND PROCEDURAL HISTORY
Defendants were charged with numerous sex offenses arising
from their molestation of two children. Defendants committed
the crimes by, among other things, forcing the victims to pick a
card from a deck of sexually explicit drawings and then perform
the act as depicted in the drawing.
Kunitz was charged with 15 counts and Lopez with 13 counts
of forcibly committing a lewd or lascivious act upon a child.
(§ 288(b)(1).) The defendants were also charged with two counts
each of oral copulation with a child under the age of 14 by a
defendant who is 10 years older (§ 288a, subd. (c)(1)); four
counts each of aggravated sexual assault of a child (§ 269,
subd. (a)(4), (5)); and two counts each of sexual penetration of
a child under the age of 14 by a defendant who is at least
10 years older (§ 289, subd. (j)). Kunitz was additionally
charged with one count of aggravated sexual assault by means of
rape (§ 269, subd. (a)(1)), while Lopez was charged with five
separate counts of committing a lewd or lascivious act upon a
child (§ 288, subd. (a)(1)).
Pursuant to a plea bargain, both defendants pleaded guilty
to four counts of forcibly committing a lewd or lascivious act
upon a child. (§ 288(b)(1).) At sentencing, the trial court
imposed a restitution fine of $6,400 and a parole revocation
fine in the same amount, to be payable jointly and severally by
both defendants. Each defendant was sentenced to 32 years in
prison.