People v. Walker CA6

I. Factual and Procedural Background

A. First Amended Complaint In July 2012, a first amended felony complaint was filed and charged defendant with: 11 counts of lewd acts on a child under age 14 (§ 288, subd. (a)), two counts of oral copulation or sexual penetration with a child age 10 or under (§ 288.7, subd. (b)), and one count of possession of child pornography (§ 311.11, subd. (a)). One-strike allegations were attached to each of the section 288, subdivision (a) counts. (§ 667.61, subds. (b), (c), and (e).)

B. Preliminary Hearing In September 2012, the preliminary hearing was held. Lauren Doe testified that she was currently 10 years old. In 2009 and 2010, when she was in the second grade, defendant was her nanny. Defendant entered her room at night, pulled down her covers, pulled down her pants, and stuck his tongue in her vagina on three or four occasions. She was scared and did not tell her parents. When Lauren was in fourth grade, she invited friends to use the pool at her house. As the girls were changing into their swimsuits, defendant was present and he sometimes helped them get dressed. During these changing sessions, defendant touched Lauren’s body. Defendant also…