People v. Worley CA5

INTRODUCTION

Between March 13, 2014, and February 28, 2015, Jane Doe’s1 uncle, defendant Joel Thomas Worley, sexually molested her both at her grandparent’s house and at her apartment. On July 15, 2021, a jury convicted defendant of lewd and lascivious conduct with Doe, a minor under the age of 14, on or about and between March 13, 2014, and January 31, 2015 (Pen. Code, § 288, subd. (a); count 3)2 ; lewd and lascivious conduct with Doe, a minor under the age of 14, on or about and between February 1, 2015, and February 28, 2015 (§ 288, subd. (a); count 4); and continuous sexual abuse of Doe, a minor under the age of 14, on or about and between March 13, 2014, and February 28, 2015 (§ 288.5, subd. (a); count 5). The jury acquitted defendant of two counts of sodomy with Doe, a child under the age of 10 years old (§ 288.7, subd. (a); counts 1 & 2). As to count 5, the trial court subsequently sentenced defendant to the upper term of 16 years. As to counts 3 and 4, the trial court sentenced defendant on both counts to the upper term of eight years, but stayed both sentences pursuant to section 654.3 On appeal, defendant contends, and the People agree, that he was improperly convicted…