People v. Lopez CA2/2

BACKGROUND

Procedural history Defendant was charged with one count of with continuous sexual abuse of V. M. (V.), a child under the age of 14 years in violation of Penal Code section 288.5, subdivision (a),1 nine counts of committing lewd acts on a child under the age of 14 years in violation of section 288, subdivision (a), and seven counts of oral copulation with a child under 14 years of age in violation of section 288a, subdivision (c)(1). Prior to the matter being submitted to the jury, the trial court dismissed all but the first count. The jury found defendant guilty of continuous sexual abuse as charged in count 1. On February 19, 2013, the trial court sentenced defendant to the middle term of 12 years in prison, awarded presentence custody credit totaling 440 days, and ordered defendant to pay mandatory fines and fees, to register as a sex offender upon release, and to submit to required HIV testing. Defendant filed a timely notice of appeal from the judgment. Prosecution evidence V. was 13 years old in 2011 at the time she was abused by defendant, her mother’s then boyfriend and father of V.’s younger sister. V. was a reluctant witness at trial who testified that her…