People v. Tyler CA3

FACTS AND HISTORY OF THE PROCEEDINGS

An information charged defendant with oral copulation with a person under 14 (Former § 288a, subd. (c)(1); count 1), four counts of lewd or lascivious act upon a child under 14 (§ 288, subd. (a); counts 2-5), and contacting or communicating with a minor with the intent to commit a sexual offense (§ 288.3; count 6). The information further

2 alleged defendant had previously been convicted of two or more serious felonies within the meaning of section 667, subdivision (e)(2), that he had been convicted of a prior serious felony within the meaning of section 667, subdivision (a)(1), and that he had served two prior prison terms within the meaning of section 667.5, former subdivision (b).

The Prosecution Evidence

L.T. was born in October 2003 and was 14 years old at the time of trial. L.T. had one sister and one brother. Her mother was married to defendant Ted Tyler who was not L.T.’s biological father. L.T.’s mother met Ted Tyler when she was living in Southern California. L.T.’s mother identified defendant in court as Ted Tyler. L.T.’s mother and defendant married, having two wedding ceremonies, one in September and one in October 2015 and…