People v. Flores CA4/3

FACTS

The information charged defendant with four counts of a lewd act on a child under 14 years of age. (§ 288, subd. (a).) In count one, defendant was alleged to have touched El.’s vagina between January 2, 1996 and December 11, 1997, he was also alleged in count two to have touched Es.’s vagina between July 14, 1997 and July 13, 1999, in count three, to have touched Es.’s breast between June 15, 2001 and July 13, 2004, and in count four he was alleged to have digitally penetrated Y. between August 30, 1992 and August 29, 1994. The information alleged defendant engaged in substantial sexual conduct in counts one, two (§ 667.61, subds. (b), (e)(5)), and four (§ 1203.066, subd. (a)(8)), and that the statute of limitations on the offense charged in count four had been tolled and the matter prosecuted in a timely fashion in compliance with section 803, subdivision (f)(1).

2 Defendant and his wife have eight children, including each of the named victims. Es., El., and Y. were each under 14 years of age when molested by defendant. Defendant was abusive to his wife. She wears dentures because he hit her and knocked out her teeth shortly after they married in 1980. The children have…