People v. Donald R.

Good Law
14 Cal. App. 4th 1627·18 Cal. Rptr. 2d 442·1993 Cal. App. LEXIS 410·93 Daily Journal DAR 5451·93 Cal. Daily Op. Serv. 3211
Court of Appeal of CaliforniaApril 16, 1993No. D017009California1,922 words

Opinion

Lead Opinion

Todd, J.

Facts

A petition was filed under Welfare and Institutions Code sections 602 and 777 to declare Donald R. (Donald) a ward of the court. The petition alleged that Donald committed lewd and lascivious acts upon a child under the age of 14 with force (Pen. Code, 1 § 288, subd. (b)) and committed lewd and lascivious acts upon a child under the age of 14 (§ 288, subd. (a)).

Donald waived the right to remain silent, and the right to subpoena and cross-examine witnesses. The parties stipulated to the following: On May 7, 1992, the victim, J, was 11 years old, and Donald was 16 years old. On May 7, 1992, both J and Donald engaged in an act of sexual intercourse with the specific intent to arouse. The People could not prove beyond a reasonable *1629 doubt Donald knew J was under the age of 14. And, J could reasonably appear to someone to be 14 years old or older.

A medical report received into evidence stated that J was 5 feet 6 inches tall, weighed 178 pounds, and began menstruation at age 10. J was described as being a “full-developed girl.” The court stated that J was “not a small girl,” and “could pass for being over 13.” The deputy district attorney also acknowledged that…

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