P.

FACTS AND PROCEDURE

When defendant’s stepdaughter was about five years old, defendant began to enter

her room at night at least twice per week, sometimes every night, to touch her sexually.

This took place for several years. When the stepdaughter was about nine years old, this

behavior escalated to forcible rape, which continued until she was 11 years old.

Defendant exhibited similar behavior with his niece when she was about 13 years

old, although less often than with his stepdaughter because defendant did not live with his

niece. Both girls testified to this abuse in great detail during the preliminary hearing.

On December 15, 2009, the People filed an information charging defendant with

11 separate crimes relating to these two victims, and later amended the information to

add an additional count.

On December 16, 2011, defendant pled guilty to two counts of continuous sexual

conduct with a minor under age 14 (Pen. Code, § 288.5)1 and five counts of forcible

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 sexual penetration by force or fear (§ 289, subd. (a)(1)). On that date the trial court

sentenced defendant to the…