People v. Miranda CA1/4

BACKGROUND

Miranda’s minor victim provided police a description of ongoing sexual abuse that occurred when she was eight years old. Miranda was in a relationship and living with the minor’s mother at the time, and he considered himself to be her stepfather. The abuse occurred approximately ten times when Miranda was home with the victim and her younger half-

1 Unless stated otherwise, references to statutes are to the Penal Code.

1 sister while the mother was at work. Miranda told the victim that if she spoke of the abuse to anyone, he would kill her mother. Miranda ultimately confessed to touching the victim’s vagina and sodomizing her. Miranda was charged with two counts of violating section 288.7, subdivision (a), six counts of violating section 288, subdivision (b)(1), and one count of violating section 269, subdivision (a)(3). He entered a guilty plea to one count of aggravated sexual assault of a child under 14 years of age in violation of section 269, subdivision (a)(3), with a Harvey waiver.2 He received a sentence of 15 years to life in prison. The People sought a restitution award of noneconomic damages to the minor victim of $200,000. The restitution request was…