People v. Williamson CA2/6

Filed 7/14/15 P. v. Williamson CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B258889 (Super. Ct. No. 2008032793) Plaintiff and Respondent, (Ventura County)

v.

MICHAEL WARREN WILLIAMSON,

Defendant and Appellant.

Michael Warren Williamson appeals a judgment after conviction by jury of committing a lewd act against his stepdaughter, A. (Pen. Code, § 288, subd. (a),1 count 8); five lewd acts against his step-granddaughter, S. (§ 288, subd. (a) counts 1, 2, 4, 6, and 7); aggravated sexual penetration of S. (§ 269, subd. (a)(5), count 3); and aggravated rape of S. (§ 261, subd. (a)(2), count 5). The jury found true allegations that Williamson had substantial sexual conduct with a victim who was under the age of 14 as to counts 1, 2, 4, 6 and 7 and that he committed an enumerated sex crime against more than one victim. (§§ 1203.066, subd. (a)(8), 667.61, subds. (b), (e)(4).) The trial court sentenced Williamson to a determinate term of eight years, plus an indeterminate term of 75 years

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

to life in state prison.2 It ordered him to pay $200,000 to A. and $400,000 to S. as victim restitution for noneconomic losses. Williamson contends the trial court abused its discretion when it admitted evidence that he also molested his stepdaughter C. and his stepson R., and when it awarded noneconomic restitution. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Williamson was married to his second wife, Sylvia, from about 1984 to 1991. Sylvia had a son, R., who was a baby when they married (Williamson's stepson.) In 1992, Williamson married Lydia who had four children: A., C., B., and J. (Williamson's stepchildren). J. later had a daughter named S. (Williamson's step- granddaughter). Sometime before 1991, Williamson blindfolded R., put his penis in R.'s mouth, and told R. to pretend it was a popsicle. With no pants on, he chased R. around the floor. When R. later told Williamson he did not want to do that again, Williamson stopped. R. did not tell anyone about the incident until 2011. From 1992 to about 1996, Williamson molested A. Williamson was a police officer for the City of Oxnard and was in uniform during the first incident. A. testified that he was a strict disciplinarian and hit the children with a belt. A. testified that Williamson had sexual intercourse with her at least twice a week from the time she was 13 years old until she was 17. He sometimes used force. He choked her several times during intercourse. He told her that his lust for her overcame his love for her. Williamson told Lydia about the first kiss. Lydia did not report it and told A. to be careful what she wore and did around Williamson. A. did not tell anyone about the abuse until 2000. She did not report the abuse to law enforcement officers until 2008.