Santa Clara County Deputy District Attorney Christopher Walsh explained the reason for the postponement is because a psychiatric report on David Raymond Bates, 20, is not yet complete.
Bates has pleaded no contest to 13 counts of sexual assault against four minor victims in the summer of 2012 while the girls were students at Los Gatos High School.
On Oct. 1, he appeared briefly before Judge Pennypacker who scheduled the parties back to court this afternoon.
The charges against him vary from oral copulation with a minor under the age of 16, to unlawful sexual intercourse with a minor more than three years younger than the defendant to annoying or molesting a child under the age of 14 and to lewd or lascivious acts on a child under the age of 14.
Three of the 13 counts are considered three strikes and statutory rape. By law, on these crimes against the girl—who was 13 years old at LGHS— Bates is required to be psychologically evaluated before sentencing.
Bates attorney, Santa Clara County Deputy Public Defender Ross McMahon told Los Gatos Patch last month testimony at the preliminary examination for the case "strongly suggests that [it] was consensual sex between teanagers."
Parents of the victims girls have been attending the court proceedings hoping Judge Pennypacker will impose prison time for Bates as opposed to probation, which would mean he would be free under certain restrictions.
Bates is still in custody at the Santa Clara County Jail. Upon sentencing, however, he would have to register as a sex offender for the rest of his life.
The Santa Clara County Probation Department report on the case has been completed, Walsh said, adding that no additional victims are being investigated.
Walsh originally wanted a six-year prison sentence for Bates, but Judge Pennypacker has indicated he's going to give Bates probation, meaning he will be on supervised release and out of custody.
ALSO ON LOS GATOS PATCH:
- David Bates' Attorney Says Sex Was Consensual
- Sentencing Delayed For Los Gatos Man Accused of Sexual Crimes Against Minors
- Los Gatos Man Awaits Sentencing on Sexual Crimes Against Minors