Martinez

I. BACKGROUND/PRIOR PROCEEDINGS

On March 15, 2012, Sigur was charged with 11 counts of contacting or communicating with a minor, kidnapping for purpose of lewd act on a child, 9 counts of first-degree burglary, 20 counts of lewd and lascivious acts upon a child under fourteen, and failure to register as a transient offender. The information further alleged various enhancement allegations. Sigur entered not guilty pleas, denied the allegations, and proceeded to a jury trial. On direct appeal of his conviction, the California Court of Appeal recounted the following facts underlying the charges against Sigur and the evidence presented at trial: A.B. testified that she was born in June 1997. A.B.’s parents, D.B. (mother) and C.B. (father), were divorced and A.B. alternated every other week between her mother’s Raythel Fisher, Warden, Valley State Prison, is substituted for J. Martinez, former Warden, Sierra Conservation Center. FED. R. CIV. P. 25(c). and father’s homes. At the time of her contacts with [Sigur], A.B. had a cell phone with Internet access and had access to a home computer at her mother’s home. When she stayed at her father’s home, she was not allowed to…