Swanson-Birabent
People v. Swanson-Birabent
Opinion
Opinion
Bamattre-Manoukian, J.
The People appeal from the trial court’s order granting defendant Holly Swanson-Birabent’s Penal Code section 995 motion to dismiss two counts of committing a lewd or lascivious act on a child under the age of 14 (Pen. Code, § 288, subd. (a)). The actual acts were perpetrated by one Don Umble. Defendant is the victim’s mother; she was charged as an aider and abettor.
The People contend that the trial court erred by dismissing the charges against defendant. We agree that the evidence presented at the preliminary hearing provided the basis for a reasonable suspicion that defendant aided and abetted Umble. We will therefore reverse the trial court’s order dismissing both charges.
I. BACKGROUND
On June 12, 2002, a felony complaint was filed, charging defendant and Don Umble with two counts of committing a lewd or lascivious act on a child under the age of 14 (§ 288, subd. (a)).
A preliminary hearing was held on July 12, 2002. The victim was the only witness. At the time, the victim was 13 years old and in the ninth grade. She was living in the state of Washington with her father and stepmother.