People v. Lundberg CA4/2

I. BACKGROUND

At a preliminary hearing held in December 2001, an officer testified that he had

interviewed two boys about potential sexual abuse from Lundberg. One of the boys, J.M.

(age 15), stated he had vaginal intercourse with Lundberg on three occasions, oral

intercourse on four occasions, and that Lundberg had touched his penis with her hands on

two occasions. The other boy, M.K. (age 13), stated he had oral intercourse with

Lundberg on four occasions and vaginal intercourse on one occasion. The officer had

interviewed Lundberg and testified that Lundberg told him that she had sexual

intercourse with the boys on several occasions. According to a July 2001 police report,

Lundberg stated she “had feeling[s]” for J.M. and that “she sort of liked [M.K.] but not as

strong as [J.M.].”

1 Undesignated statutory references are to the Penal Code.

2 See Concurring Opinion

Lundberg was charged with four counts of lewd and lascivious acts with a child

under 14 (§ 288, subd. (a)), four counts of lewd and lascivious acts with a child 14 or

and at least 10 years younger than the offender (§ 288, subd. (c)(1)), five counts of

unlawful oral copulation with a minor (former §…