People v. Thomas CA2/8

BACKGROUND

Defendant was convicted of two counts of lewd act upon a child under 14 (Pen. Code, § 288, subd. (a)) (Melissa and Anna). Defendant also was convicted of the continuous sexual abuse of a child under 14 (Pen. Code, § 288.5, subd. (a)) (Melissa). With respect to all counts, jurors found that defendant was convicted of violating section 288 or section 288.5 against more than one victim. Defendant admitted that he suffered a prior conviction for committing a lewd act on a child with force (§ 288, subd. (b)(1)) and two convictions for committing a lewd act on a child (§ 288, subd. (a)). Defendant also admitted that he was in violation of his probation. Defendant was sentenced to a prison term of 270 years to life. 1. Evidence at Trial Overwhelmingly Supported the Judgment Melissa and Anna are sisters. At the time defendant molested them, he was their mother’s boyfriend, and he visited regularly in their home. Melissa met defendant when she was eight years old. One day, when she was almost nine, Melissa was alone with defendant in her living room; her mother and sister were elsewhere in the apartment. Defendant rubbed Melissa’s vagina for about five minutes. Melissa told…