Wills

The San Diego County District Attorney charged Kaeokulani Wills in an amended information with nine counts of committing a lewd act against a child under the age of 14 (Pen. Code, § 288, subd. (a)), and four allegations he had substantial sexual conduct with the victim (§ 1203.066, subd. (a)(8)). The charges and allegations involved conduct that allegedly occurred in late 1995, when the victim, Megan, was 11 years of age. In March 2006 Wills pleaded guilty to three counts of violating section 288, subdivision (a) (counts 2, 3 & 4). He also admitted the section 1203.066, subdivision (a)(8) enhancement allegation as to one of those counts (count 3), thereby rendering him presumptively ineligible for probation under that subdivision unless he qualified for probation under “all” of the criteria specified in the exception codified in former section 1203.066, subdivision (c). One of those criteria, set forth in former subdivision (c)(2) of that

section (hereafter former section 1203.066(c)(2)), required the court, in order to overcome Wills’s presumptive ineligibility for probation, to find that “[a] grant of probation to the defendant is in the best interest of the child”…