People v. Jetton CA3

Filed 6/27/25 P. v. Jetton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C101093

Plaintiff and Respondent, (Super. Ct. No. 23FE009069)

v.

KORN JETTON,

Defendant and Appellant.

A jury found defendant Korn Jetton guilty of four counts of molesting his 10-year- old stepdaughter (victim). The trial court imposed an aggregate sentence of 20 years composed of: (1) eight years in state prison for one non-forcible lewd act count; (2) a consecutive two-year term in state prison for a second non-forcible lewd act count; (3) a full, consecutive 10-year term in state prison for one forcible lewd act count; and (4) one concurrent year in county jail for a misdemeanor count. Defendant contends the “forcible” element of the forcible lewd act count lacked sufficient evidence and the separate punishments for the non-forcible lewd act counts

1

violated Penal Code section 654. We disagree. Per defendant’s request, we independently review a confidential document for discoverable information and find none. But we do remand for resentencing because as the People concede, the full, consecutive 10-year term was unauthorized. We otherwise affirm the judgment. All section references are to the Penal Code. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with two counts of committing a nonforcible lewd act on a child under age 14 (§ 288, subd. (a)), one count of committing a forcible lewd act on a child under age 14 (§ 288, subd. (b)(1)), and one count of misdemeanor molesting or annoying a child under age 18 (§ 647.6, subd. (a)(2)). As to the nonforcible lewd act counts, victim testified that defendant massaged the place on her body where she “pee[s].” He did this with two fingers under her clothes for a couple seconds. Defendant then touched her “boobs.” In a forensic interview that was played for the jury, victim explained that defendant’s hand went under her pajamas “all the way” to get to her “boobs.” As to the forcible lewd act count, victim testified that defendant pulled his pants down and told victim to touch his penis. She touched his penis because he grabbed her hand by putting his hand around her wrist. Then her hand moved back and forth. His hand was still on her hand during this movement. Defendant let go of victim’s hand after about a minute, and she removed it from his penis. In the forensic interview, victim described defendant as making her touch his penis by grabbing her hand and moving her hand up and down. Victim stopped touching defendant’s penis when he let her hand go. And as to the misdemeanor count, victim testified that she was sitting in a car with defendant when he pulled his pants down, revealed his penis, and asked victim if it was big. The jury found defendant guilty of all four counts. According to the People’s sentencing brief, the forcible lewd act occurred months after the nonforcible lewd acts.