Groomes

People v. Groomes

Good Law
14 Cal. App. 4th 84·17 Cal. Rptr. 2d 469·1993 Cal. App. LEXIS 260·93 Daily Journal DAR 3336·93 Cal. Daily Op. Serv. 1869
Court of Appeal of CaliforniaMarch 11, 1993F017238California2,521 words

Opinion

Opinion

Thaxter, J.

Appellant Mark Anthony Groomes pleaded nolo contendere to one count of lewd and lascivious conduct upon a child under the age of 14 years, a violation of Penal Code section 288, subdivision (a). He also admitted an enhancement allegation that he had substantial sexual conduct with the victim, who was under the age of 11 years within the meaning of section 1203.066, subdivision (a)(8). In light of his plea, another charge was dismissed with a Harvey waiver and another enhancement allegation was stricken.

Appellant was sentenced on November 26, 1991. The court denied appellant’s request for probation and imposed the midterm of six years. He raises only sentencing issues on appeal. We affirm.

Facts

On May 18, 1991, the victim, seven-year-old Matthew W., attended the wedding of a relative with his parents and his sister. The wedding reception was held across the street from a park. Matthew and his younger sister went to the park to play on the playground equipment. Appellant, who also attended the wedding and reception, followed the two children to the park and began to help them on and off the equipment.

At approximately 8:00 or 8:30 p.m., close to dusk, a firefighter on…

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