People v. Loveless CA3

BACKGROUND

Loveless was charged with 27 offenses: 12 counts of lewd and lascivious acts on a child under 14 (R. Doe) (Pen. Code,1 § 288, subd. (a)); four counts of lewd and lascivious acts on another child under 14 (A. Doe) (ibid.); 10 counts of lewd and lascivious acts on a third child under 14 (J. Doe), this time by use of force, violence, duress, menace, or fear (id., subd. (b)(1)); and one misdemeanor count for annoying or molesting a child under 18 (L. Doe) (§ 647.6, subd. (a)). The charging document further alleged several sentencing enhancements, including that Loveless committed violations of section 288 against more than one victim (§§ 667.61, subds. (e)(4), (j)(2), 1203.066, subd. (a)(7)) and had substantial sexual conduct with a victim under 14 when violating section 288 (§ 1203.066, subd. (a)(8)). It also alleged four aggravating sentencing factors: Loveless’s conduct involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness (Cal. Rules of Court, rule 4.421(a)(1)); his victims were particularly vulnerable (id., rule 4.421(a)(3)); his conduct indicated planning,…