Ogg

Filed 8/29/13

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B238733 (Super. Ct. No. 2009018366) Plaintiff and Respondent, (Ventura County)

v.

LYNDA GABRIELLA OGG,

Defendant and Appellant.

A parent has an exceptional and unique relationship with his or her children; this principle needs no citation. A mother knows her child is continuously sexually molested by mother’s boyfriend. She can act to protect her child from this crime, but chooses not to do so. We conclude that the mother's failure to protect her child from continuous sexual abuse supports her conviction as an aider and abettor of the crime. Lynda Gabriella Ogg appeals from a judgment after conviction of aiding and abetting the continuous sexual abuse of her daughter A. R. by Daniel Ogg. (Pen. Code, §§ 31, 288.5.)1 The trial court sentenced Ogg to the upper term of 16 years in prison. It imposed fines and fees, including a $70 acquired immune deficiency syndrome (AIDS) education fee. (§ 1463.23.) We modify the judgment to strike an AIDS…