CA1/5

In re W v. CA1/5

Good Law
Court of Appeal of CaliforniaApril 3, 2013A134381MCalifornia6,008 words

Opinion

Opinion

Bruiniers, J.

I. FACTUAL AND PROCEDURAL BACKGROUND

In October 2011, a wardship petition under Welfare and Institutions Code section 6021 was filed against W.V., alleging five felony counts, as follows:

1 Unless otherwise indicated, all further statutory references are to the Welfare and Institutions Code.

3 (1) committing a lewd and lascivious act on a child under 14 (Pen. Code, § 288, subd. (a)); (2) two separate counts of oral copulation with a minor (Pen. Code, § 288a, subd. (b)(1)); and (3) two separate counts of penetration of a minor with a foreign object (Pen. Code, § 289, subd. (h)). W.V.’s sister (Jane Doe) told a doctor that W.V. had been, over the course of about three years, coming into her room at night and sexually assaulting her while she was sleeping. She said the sexual assaults began when she was 13 years old and W.V. was 14 years old. When interviewed by police, Doe said that W.V. had assaulted her 10–15 times over the course of two to three years. W.V. admitted the allegations and said that their father once found him on top of Doe. W.V. felt remorseful and stated that he needed help. On the same day the petition was filed, the prosecutor also filed a…

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