People v. Johnson CA3

BACKGROUND

1 In late summer, early fall of 2020, defendant and his victim were at home.1 The victim was 12 years old. After drinking alcohol to intoxication, defendant told the victim it was “bedtime,” then followed her into her bedroom. When she laid down on the bed, defendant removed the victim’s underwear, grabbed her breast, licked her vagina, and put his fingers inside her vagina. After that initial assault, defendant grabbed his victim’s bare breasts on multiple occasions, until February 21, 2021, when the victim confronted defendant about the conduct in front of her mother, and victim’s mother then reported defendant to law enforcement. Following an investigation, defendant was arrested and charged with continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a)), forcible oral copulation with a minor under the age of 14 (§ 287, subd. (c)(2)(B)), and sexual penetration by a foreign object of a minor under the age of 14 (§ 289, subd. (a)(1)(B)). On May 7, 2021, defendant pleaded no contest to continuous sexual abuse of a child (§ 288.5, subd. (a)). In exchange for defendant’s plea, the People agreed to dismiss the remaining charges, and the parties agreed defendant…