People v. Schoenhofen CA2/6

FACTS AND PROCEDURAL HISTORY

This criminal prosecution concerns lewd acts that Schoenhofen committed against his granddaughter M. from 2001 until 2010. Count 1 concerns vaginal fondling between June 2001 and July 2003, when M. and her parents lived with Schoenhofen in Oxnard; count 3 concerns Schoenhofen forcing M. to touch his penis between August and

1 All further statutory references are to the Penal Code unless stated otherwise. December 2003, during a family visit; count 4 concerns continuous sexual abuse from January 2004 until November 2009, during family visits; and count 5 concerns an act when Schoenhofen touched M. under her shirt during a January 2010 family visit to M.'s Upland home. Count 6 concerns Schoenhofen's possession of child pornography. During the first few years of her life, M. and her family lived with Schoenhofen and his wife in Oxnard. In 2002 or 2003, M., her parents, and her siblings moved to Upland, but they frequently visited Schoenhofen in Oxnard. M. testified that when she lived with Schoenhofen, he "would sit [her] on his lap and then he would unbutton whatever [she] was wearing and he'd put his hands down [her] pants." M. stated…