People v. Weece CA5

INTRODUCTION

Defendant John Edward Weece previously appealed his convictions of sexual abuse of three female minors, including 41 convictions for abuse of the youngest victim, Doe 3, two convictions for committing lewd acts upon a child, Doe 2, and one conviction for using a minor, Doe 1, for sexual acts. (Pen. Code, §§ 288, 288.7, 311.4. Further undesignated statutory references are to the Penal Code.) We previously affirmed his convictions. He now appeals the court’s restitution order, arguing the court erred in awarding Doe 1 noneconomic damages because she was not the victim of a section 288, 288.5, or 288.7 offense, and the court abused its discretion in awarding Doe 2 $100,000 in noneconomic damages. We affirm the restitution order.

FACTUAL BACKGROUND

Defendant was charged with 53 counts of sexual abuse of three female minors, Doe 1, Doe 2, and Doe 3. At trial, Doe 2 testified defendant had touched and squeezed her breasts and put his hands down her pants and touched her vagina more than five times. She testified he touched her for the first time when she was nine years old. She recounted an incident during which she went to the shop behind defendant’s house with him and…