People v. Ojeda CA4/2

STATEMENT OF FACTS

As set out in the preliminary hearing transcript, defendant was the victim’s

stepfather. The victim testified that beginning when she was about seven years old,

defendant made sexual contact with her. At first he forced her to touch his penis with her

hand; later, when she was nine years old, he began to touch her (inferrably,

inappropriately).3 Later, perhaps when she was 11 (see fn. 1.), he continued to touch her

1 Defendant was charged with eight separate counts, including three counts under Penal Code section 288.7, subdivision (b) (oral copulation or sexual penetration on a child under the age of 10), each of which carried a penalty of 15 years to life.

2 In addition to attacking the validity of his plea, defendant seeks to raise error under People v. Marsden (1970) 2 Cal.3d 118. Due to our dismissal of the appeal, we need not consider this at all.

3 At this point the victim apparently became distraught, stating “I don’t think I can handle this.” After a brief examination about her eventual report of the molestation, the time frame picked up when the victim was 11.

2 when she came to stay at his home on Wednesdays while her mother was in…