Manners

Defendant appeals her conviction of two counts of Penal Code section 288, subdivision (a), felony lewd or lascivious act with a child under 14, and one count of section 273, subdivision (a)(2), misdemeanor child endangerment. The jury also found true an allegation that the defendant “occupied a position of special trust with respect to the victim upon whom she aided and abetted [Gjrant [Sjelf in the commission of an act or acts of substantial sexual conduct . . . .” The trial court sentenced defendant to a term of eight years, after having declared her statutorily ineligible for probation based upon the jury’s finding.

We need only briefly state the facts. Defendant is the maternal grandmother of the victim, Jerimy S., age seven, who lived with her at the time of the offenses. For a period of time around Easter 1984, Grant Self, whom defendant knew had served time in prison for child molestation, also lived with defendant. During this time frame, defendant twice witnessed without comment as Self sexually molested Jerimy. According to Jerimy, defendant later told him not to tell anyone about what took place.

I.

Defendant does not challenge her conviction; instead, she…