People v. Velazquez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A Salinas police detective testified at a preliminary examination that Velazquez’s stepdaughter disclosed Velazquez sexually abused her when she was 10 years old. She stated Velazquez touched her vagina and then told her he would hurt her brothers if she told anyone. Velazquez’s stepdaughter also said she saw Velazquez touch her younger sister. The detective then observed an interview in which the younger sister said Velazquez rubbed her vagina over her clothes and told her “something bad would happen” if she reported his actions. The prosecution charged Velazquez by amended information with four counts: two counts of forcible lewd acts upon a child (Pen. Code, § 288, subd. (b)(1); counts 1 and 3)1 and two counts of lewd acts upon a child (§ 288, subd. (a); counts 2 and 4), with various aggravating circumstances alleged. Velazquez pleaded no contest pursuant to a plea agreement to the two counts of forcible lewd acts upon a child: one count for each of the two sisters. He admitted aggravating circumstances that the victim was particularly vulnerable and that he took advantage of a position of trust or confidence to commit the offense.2 As part…