People v. Van Hoek

Bad Law
1988 Cal. App. LEXIS 379·200 Cal. App. 3d 811·246 Cal. Rptr. 252
Court of Appeal of CaliforniaApril 25, 1988F007837California2,838 words

Opinion

Opinion

Ballantyne, J.

The Case

Defendant, Robert C. Van Hoek, was found guilty of seven counts of lewd and lascivious conduct (Pen. Code, § 288, subd. (a)) and one count of unlawful sexual intercourse (Pen. Code, § 261.6). Count I was charged and found as occurring on or about January 1983; count II was charged and found as occurring on or about April 1983; and the lewd and lascivious acts in counts III, IV, V, VI and VII were charged and found as occurring on or about 1985, 1984, 1982, 1981 and 1980, respectively. The unlawful sexual intercourse (count VIII) was charged and found as occurring on or about 1983.

Facts

Lynn was married to the defendant since 1964. They had eight children, including C., the victim in the instant case, who was born February 10, 1971, and was 15 years of age at the time of trial. During the first half of 1980 the family lived in Hanford. From August of 1980 until June of 1985 the family lived on Olive Street in Lemoore.

C. testified that her father began molesting her when she was three years old. When she lived on Olive Street he sometimes molested her twice a day. There would sometimes be a week between occurrences but it happened at least once a month on…

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