People v. Norton CA3

I. BACKGROUND

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.)

1 From December 2007 to December 2008, when D.S. was approximately six years old, she lived with defendant and his wife. During that period, defendant sexually abused D.S. When she was around eight or nine years old, D.S. left defendant’s home to live with her mother, but she returned to defendant’s custody when she was 13. When D.S. returned to defendant’s home, he began again to sexually abuse D.S. When she was 16 years old, D.S. reported the abuse to her boyfriend’s mother, who in turn contacted law enforcement. During their investigation, law enforcement learned defendant was a registered sex offender. Defendant was subsequently charged with numerous criminal offenses including committing a lewd act upon a child under the age of 14 (Pen. Code, § 288, subd. (a)), and annoying or molesting a child under the age of 18, having been previously convicted of sexually abusing a minor child (Pen. Code, § 647.6, subd. (c)(2)), both to which he pled no contest. In exchange for defendant’s plea, the People moved the trial…