People v. Anaya CA2/2

BACKGROUND

Factual History On or about July 18, 2005, appellant visited the home of seven-year-old Tiffany R. (Tiffany), who lived with her mother and grandmother. He had known her family for more than 15 years. After her mother left for work, he went into her bedroom, sat on her bed, touched her face and feet, put his bare hands on her vagina, and played with his penis. Her cousin, 10-year-old A.L., told her own mother that appellant had also touched her vagina once under her clothing. Appellant was 56 years old at the time of the sexual assaults. He had been a pipe cutter for 25 years, earned $10.50 an hour, and paid $500 in rent. Procedural History On March 3, 2006, appellant entered a plea of nolo contendere to count 1 (lewd acts with a child, Tiffany), and the trial court dismissed count 2 (lewd acts with a child, A.L.). The court advised appellant that if he was not a United States citizen, the conviction would result in deportation and exclusion.

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 On June 28, 2006, the trial court sentenced appellant to five years of formal probation, and ordered him to serve 365 days in county jail.…