People v. Graves CA4/2

FACTS

A forensic psychologist who testified for the prosecution opined that past behavior

is a good predictor of future behavior and thus considered the fact that defendant had

been charged with multiple sex crimes involving three victims, i.e., his niece, with whom

or near whom he lived, and the daughters of two of his live-in girlfriends and he had been

charged with animal cruelty for having sex with a dog. As part of a plea bargain,

defendant pled guilty to one count of committing lewd and lascivious acts on a minor and

two counts of sexual battery, all three based on his acts with the daughter of one of his

live-in girlfriends—the lewd and lascivious conviction comprised the predicate offense in

the Sexually Violent Predator proceedings against defendant. The crimes against this

victim were committed over a period of four to five months during 1997 and 1998, while

she was 10 or 11 years old. According to this victim, defendant digitally penetrated her

on five occasions, while she was sleeping. During the same period, defendant was

having sex with the victim’s mother. Before 1999, defendant molested his three- to five-

2 year old niece, she said, on 100 occasions.…