Weaver

People v. Weaver

Good Law
118 Cal. App. 4th 131·12 Cal. Rptr. 3d 742
Court of Appeal of CaliforniaMay 5, 2004D039114California7,854 words

Opinion

Opinion

Benke, J.

Ronald Arthur Weaver pleaded guilty to four counts of lewd acts upon a child and six counts of attempted lewd acts upon a child. Weaver was sentenced to a prison term of 18 years. He appeals, arguing the trial court abused its discretion in denying his request to withdraw his guilty plea and that one of the attempted lewd act counts was barred by the statute of limitations.

FACTS

A. Alyssa R.

On July 14, 2000, five-year-old Alyssa R. was at her grandmother’s house. When Alyssa’s mother arrived to pick her up, she noticed Alyssa sitting on appellant’s lap at a computer. Both Alyssa’s mother and grandmother noted that appellant, a family friend, had his right hand on Alyssa’s upper thigh. Alyssa’s mother told her to get off appellant’s lap. While driving home, Alyssa’s mother asked her about her day. Alyssa told her appellant had touched her and pointed to her vagina. Alyssa’s mother asked if appellant was wiping something from her dress. Alyssa said, no, that he “tickle[d]” her, “rub[bed] her bump,” and sometimes touched her under her underwear. Alyssa’s mother dropped her off at home and returned to grandmother’s house to confront appellant. Alyssa’s mother repeatedly…

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