P.

STATEMENT OF FACTS2

Defendant was convicted of lewd acts committed in 2002on Bryce B., the son of defendant’s “girlfriend” Christie B.3 Bryce was then 10 years old, and lived primarily in Eureka with Christie and defendant. Bryce had a “very trusting” relationship with defendant, and considered him “like a second father.” Defendant often cared for Bryce at night while Christie worked. One night in 2002, Bryce was in the bedroom normally occupied by defendant and Christie, sleeping on his side, facing away from defendant. Christie was not present. Bryce awoke to find defendant’s thumb and forefinger touching his penis. Bryce acted like he “was sleeping” for a couple of minutes while the touching continued, until the alarm went off and defendant “got up and got ready for work.” Defendant did not say anything to Bryce, and never spoke to him about the “fondling” incident. Thereafter, Bryce “stayed away” from defendant, although defendant did not change his behavior toward Bryce. Bryce “didn’t say anything about it” to his mother, or anyone else. Bryce also testified that a few months before the fondling occurred, defendant rented a pornographic movie that depicted “naked women”…