People v. Huynh CA4/3

The issue in this case is simply, what does “previously convicted” in Penal Code section 667.61, subdivision (d)(1), mean (all further statutory references are to the Penal Code)? The Orange County District Attorney argues “previously convicted” means a defendant was convicted of a qualifying offense but it is immaterial whether the qualifying offense occurred before or after the currently charged offense and the trial court erred in dismissing the section 667.61, subdivision (d)(1), allegation. Randy Thanh Huynh responds “previously convicted” means a defendant was convicted of a qualifying offense before the commission of the currently charged offense and the court properly dismissed the section 667.61, subdivision (d)(1), allegation. We agree with Huynh and affirm the trial court’s order dismissing the section 667.61, subdivision (d)(1), allegation.

FACTS

Julie N. was bom late September 1993. On May 26, 2009, Sergeant Michael Parsons went to Julie’s high school because she had written an essay explaining a family member had sexually assaulted her. Parsons took Julie, who was 15 years old and in the 10th grade, to Child Abuse Services Team (CAST) a couple weeks later…