People v. Villanueva CA5

BACKGROUND

Charges The Kern County District Attorney charged Villanueva with 10 crimes: lewd act on a child under age 14 (Pen. Code,1 § 288, subd. (a); Count 1), oral copulation on a minor under age 14 (§ 288a, subd. (c)(1); Count 2), lewd act on a child under age 14 (§ 288, subd. (a); Count 3), oral copulation on a minor under age 14 (§ 288a, subd. (c)(1); Count 4), lewd act on a child under age 14 (§ 288, subd. (a); Count 5), lewd act on a child under age 14 (§ 288, subd. (a); Count 6), lewd act on a child under age 14 (§ 288, subd. (a); Count 7), lewd act on a child under age 14 (§ 288, subd. (a); Count 8), lewd act on a child under age 14 (§ 288, subd. (a); Count 9), and lewd act on a child under age 14 (§ 288, subd. (a); Count 10).2 Counts 1, 3, 5, 6, 7, 8, 9, and 10 included multiple victim special circumstance allegations (§ 667.61, subd. (e)(4)). Trial Evidence3 Villanueva’s wife operated a daycare for many years out of the family home. Sometimes, Villanueva’s wife would leave to run errands, leaving Villanueva as the only

Undesignated statutory references are to the Penal Code. 2 The offenses in this case occurred before section 288a was renumbered to section 287.…