People v. Simon CA2/6

Facts Appellant's Prior Convictions In 1985, appellant was sentenced to three years in state prison after having been convicted of three counts of lewd and lascivious acts upon a child, in violation of Penal Code section 288, subdivision (a). In that case, appellant molested the 10-year old daughter of a woman with whom he had an intimate relationship. The daughter complained that appellant went into her bedroom at 4:00 or 5:00 a.m. and touched her vagina. She told him to get out of her room. About an hour later, appellant returned to

1 her room and did the same thing again. The victim later stated that appellant had "bothered" her on at least 10 previous occasions. In 1996, appellant was convicted of violating Penal Code section 288, subdivision (b) after he molested a sleeping 12-year old girl. In this incident, appellant pulled down the child's panties, restrained her, and tried to put his penis in her vagina. He left semen on her thighs and cheeks. At the time, appellant was in an intimate relationship with the victim's mother. In 2014, the victim told investigators that appellant began abusing her while she was in the fourth grade and the conduct continued…