In re O.P. CA3

I. BACKGROUND

While the minor was subject to other juvenile justice proceedings not relevant here, the prosecution filed a second amended petition under Welfare and Institutions Code2 section 602. It alleged two counts that the minor committed lewd and lascivious acts on K.D., a child under 14, and two counts the minor assaulted K.D. with the intent to commit rape. (Pen. Code, §§ 220, 288, subd. (a), 288, subd. (b)(1).) According to the intake report, the minor was between 15 and 17 years old when he sexually assaulted the six- or seven-year-old victim. The victim reported the minor would wake her up from nap time to try to make her orally copulate him. If the victim refused, the minor would not feed her or her siblings lunch. The minor also threatened to lie about the victim to her parents to get her in trouble. The victim further reported the minor would masturbate in front of her and make her watch. He also took her hand and tried to make her touch his penis. The victim could not remember how many times the minor assaulted her, but she had clear memories of two episodes. Pursuant to a negotiated disposition, the minor admitted responsibility to one count of lewd and lascivious…