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A three-justice panel of the Fourth District Court of Appeal in Santa Ana said Gregory Ruiz Aguirre, 53, of El Monte, is entitled to a new trial because the trial court should have instructed the jury on an entrapment defense. Aguirre neither requested nor received such an instruction but contended on appeal Superior Court Judge Lance Jensen should have it, the appeal court panel said in its opinion Thursday.
He was one of six men who responded to the Craigslist. More than people, including Aguirre, responded.
The defendant denied having ever contacted other minors for sex. In Marchjurors at the West Justice Center in Westminster deliberated a couple of hours before finding Aguirre guilty of three felonies, including going to meet a minor for a lewd purpose. He also was convicted of attempted lewd conduct with a minor under 14 and communicating with a minor for a lewd purpose.
Jensen sentenced Aguirre to five years formal probation with the condition a violation would automatically send him to four years in state prison. Aguirre was also ordered to register as a sex offender for life.
We therefore reverse the judgment. Contact the writer: or vjolly ocregister.
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