Minnick

Statement of the Case and the Facts

The People appeal from an order granting a new trial after a jury convicted respondent, Randy Virgil Minnick, of four counts of child molestation by force in violation of Penal Code section 288, subdivision (b). In addition, the jury found that respondent occupied a position of special trust and had committed an act of substantial sexual conduct within the meaning of Penal Code section 1203.066. The sole evidence against respondent was the testimony of the victim, respondent’s 10-year-old daughter. The basis for the motion for new trial was the testimony of the victim in which she recanted her previous testimony and stated that she in fact had not been molested by respondent According to the victim, she had lied at trial because she was angry with her father and “wanted to get even.” In fact, the victim changed her story approximately four times following the verdict.

Discussion

I

The Standard

The granting or denial of a motion for new trial on the ground of newly discovered evidence rests in the sound discretion of the trial court, and the appellate court will not interfere except upon a clear showing of an abuse of discretion.…