People v. Atkins CA4/2

BACKGROUND

I. The charges

Atkins was born in May 1961. In 2020, Atkins was charged with one count of

failing to register as a sex offender (§ 290, subd. (b); count 1) and two counts of annoying

a child (§ 647.6, subd. (c)(2); counts 2 & 3). The conduct underlying count 2 involved

Jane Doe A.L., and the conduct underlying count 3 involved Jane Doe A.C. It also was

alleged that Atkins suffered four prior strike convictions, including one conviction in

2000 for lewd and lascivious conduct involving a child under 14 years old (§ 288, subd.

(c)). (§§ 667, subds. (c), (e)(2)(A), 1170.12, subd. (c)(2).)

A.C. and A.L. are sisters. A.C. was born in December 2004, and A.L. was born in

August 2006. Both testified at trial in February 2023, when they were 16 and 18 years

old.

II. A.C.

One day in March 2020, when A.C. and a friend were walking home after school,

A.C. noticed a vehicle stop and idle in front of the friend’s house. A.C. was 15 years old.

A.C. initially testified that the idling vehicle was a red truck.

2 A.C.’s friend entered the house, and A.C. continued walking. When A.C. turned

onto a smaller street, the truck followed behind A.C. The truck stayed…