People v. Walker CA4/2

FACTS AND PROCEDURE

On June 5, 2012, the defendant, who was 19 years old at the time, was staying in a

friend’s home after having a disagreement with his parents. The friend was the primary

caretaker of his younger brother and sister while their mother worked. That afternoon,

the friend left home to pick up his younger brother from school, leaving his six-year-old

sister at home with his grandfather and defendant. During that time, according to the

sister, defendant orally copulated her twice—once in a downstairs office and again in her

bedroom upstairs. The sister immediately told her older brother what had happened when

he returned home a short time later. Defendant was arrested and interviewed. During the

interview, he eventually confessed to having briefly orally copulated the girl a single

time. Forensic evidence indicated DNA consistent with defendant’s DNA was found on

the girl’s genital area.

On July 22, 2013, the People filed an information alleging in both counts 1 and

that defendant orally copulated a child under the age of 10 (Pen. Code, § 288.7, subd.

(b)).

On December 12, 2013, a jury convicted defendant on both counts. When the

victim was…