Dickens

Defendant was convicted by jury of lewd and lascivious conduct with a child under the age of 14. (Pen. Code, 1 § 288, subd. (a).) The jury also found true an allegation that defendant occupied a position of special trust and committed an act of substantial sexual conduct. (§ 1203.066, *745 subd. (a)(9).) Probation was denied as mandated by section 1203.066 and defendant was sentenced to state prison for the lower term of three years. The sole contention on appeal is that the evidence was insufficient to support the jury’s finding that defendant occupied a position of special trust within the meaning of section 1203.066, subdivision (a)(9). We affirm.

Factual Summary

Janessa R. was seven years of age when she arrived on Friday, March 28, 1986, to spend Easter weekend with her father, John R., and his wife, Rozemma. Rozemma had arranged for her stepsister, Melanie M., to babysit Janessa on the night of Saturday, March 29, at the home Melanie shared with defendant. Melanie and her 13-month-old daughter, Christa, had lived with defendant, James Dean Dickens, at his house in Oildale since July 1985. Defendant, Melanie and Christa made up one household unit. Defendant was not…