People v. Alexander CA3
Opinion
Opinion
Robie, J.
statement of facts and circumstances of the offense described therein. (See People v. Tran (2015) 242 Cal.App.4th 877, 887, 893.) The information pertaining to the history of defendant’s abuse of the victim is further pertinent because, as defendant concedes in his opening brief, he “checked the box on the plea form which allowed the trial court to consider dismissed counts in determining the sentence and restitution.” The dismissed sexual abuse counts in this case pertained to the same victim.
2 “On the same day, the defendant was questioned about the allegations. He admitted having the two girls sleep in his bed with him and that it was a ‘bad mistake.’ He said the nine-year-old girl ‘butted up against him’ in her sleep but he pushed her away. He thinks she may have misinterpreted that as inappropriate touching. “On October 8, 2020, a second interview with the nine-year-old girl was conducted. She repeated her earlier allegations but soon became emotional and fearful and said she could not remember all that had happened. The ten-year-old victim was then interviewed. She said she had stayed at the defendant’s home with him many times in the three years since she was in the third…