People v. Knox CA3

BACKGROUND

In 2002, when defendant was 33 years old, he had sexual intercourse with a 14- year-old girl, resulting in the birth of a child. (People v. Knox (June 1, 2007, C051802) [nonpub. opn.] (Knox).) Police officers attempted paternity testing, but defendant’s cousin impersonated defendant during the testing. (Ibid.) The cousin later told police that defendant had paid him $300 to impersonate defendant while providing a DNA sample. Defendant was found guilty of committing a lewd or lascivious act upon a 14-year-old child and being at least 10 years older than the victim (§ 288, subd. (c)(1)), felony unlawful sexual intercourse (§ 261.5, subd. (d)), aiding and abetting false impersonation (§ 529, former subd. (3)), and misdemeanor resisting a peace officer (§ 148, subd. (a)(1)). The trial court found true a prior prison term enhancement allegation (former § 667.5, subd. (b)) and three prior strike conviction allegations (§§ 667, subds. (b)-(i), 1170.12). The prior strikes involved two 1989 convictions for attempted murder (§§ 664,187) and a 1988 conviction for first degree burglary (§ 459). (Knox, supra, C051802.) The trial court dismissed one count of rape by means of force.…