Lord

I. Introduction

In this case we hold that a hearing on the necessity of a “support person” (Pen. Code, § 868.5) for a six-year-old victim, while testifying in a prosecution for child molestation, was waived by failure to request it.

II. Background

Lord molested six-year-old Myisha at a motel in Hayward on December 20,1992. Myisha was staying in room 154 with her mother, Marla, and three siblings. Lord was staying in room 123.

That evening, Marla encountered Lord at a vending machine and then visited him in his room for about 15 minutes. Later, Marla left the motel by herself for almost an hour. Myisha did not want to stay with her siblings. Marla left her in room 123 with Lord.

While Marla was gone, Lord molested Myisha. According to Myisha, the following occurred: Lord put Myisha on the bed, “pulled my panties down” and “put his penis in my vagina” while she was “on my tummy,” and then “touched” her “real hard” on her “buttock” with his penis. He then allowed her to use the bathroom, and while she sat on the toilet he tried to put his penis in her mouth, which she successfully resisted. He then placed her on the floor and once again put “his penis in my vagina” and…