People v. Webb CA1/5

I. FACTS AND PROCEDURAL HISTORY

An amended information filed in May 2012 charged Webb with two counts of sexual penetration of Jane Doe, a child 10 years old or younger (Pen. Code, § 288.7, subd. (b)); one count of committing a lewd act upon Jane Doe, a child less than 14 years old (§ 288, subd. (a)); one count of possession of child pornography (§ 311.11, subd. (a)); and one misdemeanor count of exploitation of a child (§ 311.3, subd. (a)).1 The matter proceeded to a trial by jury. A. Prosecution Case 1. Webb, Tara, and Three-Year-Old Jane Tara E. testified that, while living in Kentucky with her three-year old daughter, Jane Doe, she met Webb in an online chat room. Tara and Webb talked online for at least a year and eventually spoke by telephone. Tara told Webb that she had a young daughter and was having problems with her family. In May 2011, Webb invited Tara to stay at his home in Rodeo, which he shared with his father, two brothers, and a roommate. In late May, Tara left Jane in her mother’s care and drove to California. In early June, Tara and Webb got married. Tara and Webb then drove to Kentucky and returned with Jane to Rodeo. Tara and Jane soon became unhappy in…