People v. Carney CA3

BACKGROUND

An amended information charged defendant with sexual penetration by a foreign object (Pen. Code, § 289, subd. (i); count 1),2 and lewd or lascivious act on a child 14 or 15 years old (§ 288, subd. (c)(1); counts 2 & 3). The information alleged three circumstances in aggravation as to each count: the victim was particularly vulnerable (rule 4.421(a)(3)), the “manner in which the crime was carried out indicates planning, sophistication, or professionalism” (rule 4.421(a)(8)), and the “defendant took advantage of a position of trust or confidence to commit the offense” (rule 4.421(a)(11)). Trial—The Prosecution Case Doe’s Account Doe was born in September 2004. Her biological father died when she was five. Defendant started dating Doe’s mother when Doe was two-and-a-half, and married her when Doe was seven. They lived in a three-bedroom apartment in Placerville, California. Defendant and Doe’s mother shared one bedroom, and Doe had her own bedroom. Doe came to look upon defendant as a father. She testified that defendant was kind and supportive. Doe liked defendant when they were not arguing, although they argued frequently. Doe testified that, two or three weeks before…