Gohdes

Defendant David Gohdes was charged with the crime of “continuous sexual abuse of a child” in violation of Penal Code section 288.5 (section 288.5). Defendant filed a motion to set aside the charge pursuant to Penal Code section 995 on the grounds that the evidence was insufficient to prove a necessary element of the claimed offense. The trial court granted the motion and dismissed the charge. The People appeal.

Section 288.5 provides that: “(a) Any person who either resides in the same home with the minor child or has recurring access to the child, who over a period of time, not less than three months in duration, engages in three or more acts of substantial sexual contact with a child under the age of 14 years at the time of the commission of the offense, ... or three or more acts of lewd or lascivious conduct under Section 288, with a child under the age of 14 years at the time of the commission of the offense is guilty of the offense of continuous sexual abuse of a child . . . .” (Italics added.)

The issue in this case is whether sufficient evidence was presented at the preliminary hearing on the section 288.5 charge to support the “recurring access to the child”…