People v. Klingelhofer CA4/1

I. Factual and Procedural Background At the time of sentencing, Klingelhofer was a 47-year-old man whose only prior criminal history was a shoplifting incident. Klingelhofer resided in Escondido with his extended family members, who had moved into his home during the COVID pandemic. Klingelhofer’s sister-in-law, Wendy, and her two sons, including the ten-year-old victim, John Doe, were among the family members who lived with him in his home. According to Klingelhofer’s statement to the probation officer, on October 3rd, 2021, he spent the day on his boat with Wendy and her two sons. He and Wendy drank alcohol and smoked marijuana on the boat. Klingelhofer continued to drink after they went home. Later, after everyone else had gone to bed, he eventually went to bed. Klingelhofer woke up some time around 3:00 a.m. He had been dreaming about “hooking up” with Wendy when he woke up and realized that Doe was in his bed and that he had been kissing and touching Doe in his sleep. Klingelhofer told the probation officer that he grabbed his phone to watch pornography and masturbate in the bathroom, but he found that his phone was dead. He then stood up, pulled down Doe’s pants and began to…