P.

facts of the crime is unnecessary. Drury was charged with multiple offenses after

sexually abusing his step-daughter for approximately two years, beginning when she was

nine years old and ending when she was eleven. In a negotiated plea agreement, Drury

pleaded guilty to a single count of committing a lewd or lascivious act upon a child under

the age of fourteen (§ 288, subd. (a); count 18). The plea agreement indicated the

sentence was to be determined by the court and Drury was notified and agreed that facts

relating to the dismissed charges could be considered in determining his sentence.

(People v. Harvey (1979) 25 Cal.3d 754, 758.)

Before sentencing, Drury's counsel submitted a statement of mitigation for the

court's consideration. The statement included letters from his sisters attesting to his good

character, Drury's expressed remorse for his wrongdoing and a psychological report from

Dr. Erin Ferma, Ph.D. determining Drury did not meet the criteria for pedophilia and

posed a low risk for a repeat offense.

2 At Drury's sentencing hearing, the court stated it had considered all documents

submitted by Drury including the probation report with…