People v. Salmeron CA2/6

FACTS AND PROCEDURAL HISTORY

Appellant is victim D.P.’s godfather. D.P. considered him a “father-like” figure when she was a child. She would often visit his house and stay overnight. He molested her several times between the ages of 9 and 12. D.P. disclosed the abuse to her mother at age 13 after she began feeling suicidal and performing poorly in school. Appellant told police he did not remember touching her but acknowledged he might have “unintentionally” done so while drunk. Prosecutors charged appellant with four counts of molestation: three involving D.P. and one involving her sister, P.P. The jury found him guilty on the three counts involving D.P. but not guilty on the count involving P.P. Appellant waived his right to a jury trial on the aggravating factors. The trial court found them true. A recently assigned public defender appeared for appellant at sentencing. She moved for a new trial on the aggravating factors and requested a continuance to “request and review the trial transcripts” so she could “make any appropriate arguments for sentencing.” The trial court denied the motion and sentenced appellant. It stated: “I’ll note the defendant previously waived jury on…