People v. Towner CA4/2

BACKGROUND

Towner was born in March 1998. He is five feet eight inches tall and weighs 140

pounds. He is the maternal uncle of John Doe 1 and John Doe 2, who are first cousins.

Doe 1 was born in May 2011, and Doe 2 was born in February 2007. Doe 1 and Doe

were close and told each other everything. Doe 1 has a brother who is two years

younger.

In March 2022, Towner was charged by information with one count of oral

copulation of a person 10 years old or younger (Pen. Code, §§ 288.7, 289; count 1 [Doe

1]), three counts of forcible lewd and lascivious conduct with a child under the age of

(Pen. Code, § 288, subd. (b)(1) (§ 288(b)(1)); count 2 [Doe 1] & counts 5-6 [Doe 2]), and

two counts of forcible oral copulation of a child under the age of 14 (Pen. Code, § 269,

subd. (a)(4) (§ 269(a)(4)); counts 3-4 [Doe 2]). (Unlabeled statutory references are to the

Penal Code.) The information also alleged that Towner fell under the one strike law

(§ 667.61) because he committed the lewd and lascivious conduct offenses against more

than one victim (id., subds. (e)(4), (j)(2)).

2 Doe 1 and Doe 2 were 12 and 16 years old, respectively, when they testified at

trial. Doe 1…