People v. Olea CA4/2

FACTS AND PROCEDURE

In 2002, the first victim filed a police report stating that, beginning in 1999 when

she was six or seven years old, and defendant was 13 years old, defendant forced her to

engage in numerous sexual acts over the next three years. The People did not arrest or

prosecute defendant at that time.

Beginning in about June of 2010 and continuing until September 23, 2011,

defendant forced his 13-year-old cousin to engage in various sexual acts.

On April 2, 2012, the People filed an information charging defendant with eight

counts of performing a lewd act by force on a child under age 14 (Pen. Code, § 288, subd.

(b)(1))1 and one count of oral copulation by force or fear with a child under age 14 (§

288a, subd. (c)(2)(C)). The People also alleged that defendant committed sexual offenses

against more than one victim (§ 667.61, subd. (e)(4)) and, as to each count, that he

engaged in substantial sexual conduct with a child under age 14 (§ 1203.066, subd.

(a)(8)).

On November 12, 2013, the court heard and denied defendant’s motion to dismiss

under section 995, in which defendant primarily pointed to the People’s failure to

prosecute him in 2002 as a juvenile…