Ogg
People v. Ogg
Opinion
Lead Opinion
Gilbert, J.
A parent has an exceptional and unique relationship with his or her children; this principle needs no citation.
A mother knows her child is continuously sexually molested by mother’s boyfriend. She can act to protect her child from this crime, but chooses not to do so. We conclude that the mother’s failure to protect her child from continuous sexual abuse supports her conviction as an aider and abettor of the crime.
Lynda Gabriella Ogg appeals from a judgment after conviction of aiding and abetting the continuous sexual abuse of her daughter A.R. by Daniel Ogg. (Pen. Code, §§ 31, 288.5.) 1 The trial court sentenced Ogg to the upper term of 16 years in prison. It imposed fines and fees, including a $70 acquired *177 immune deficiency syndrome (AIDS) education fee. (§ 1463.23.) We modify the judgment to strike the AIDS education fee but otherwise affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In 1993, A.R. was bom. When she was about six years old, Ogg began dating Daniel and he moved into her home. During the following 10 years, Daniel sexually abused A.R. Ogg was not present during the abuse. At trial, A.R. testified that Daniel performed oral sex on her more than three…