People v. Emma CA2/6

Filed 7/27/15 P. v. Emma CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B257905 (Super. Ct. No. 2013032491) Plaintiff and Respondent, (Ventura County)

v.

PAUL EMMA,

Defendant and Appellant.

Paul Emma appeals a judgment entered following his guilty plea to six counts of lewd acts with a child, with a finding that he committed substantial sexual conduct with a child under 14 years old (counts 1 & 4). (§§ 288, subd. (a), 1203.066, subd. (a)(8).)1 We affirm. FACTUAL AND PROCEDURAL HISTORY During the summer of 2003, eight-year-old S.P. visited her grandmother and Emma, her step-grandfather, in Thousand Oaks. On two occasions that summer, Emma touched S.P.'s breasts, kissed her on her lips, and touched her vagina. Emma asked S.P. to keep the molestation secret, stating: "It's not a big deal. It's just our little secret." In 2013, S.P. moved into Emma's home while she attended California Lutheran University. On one occasion, S.P. was alone with Emma in the home. He

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

grabbed her by her waist and hips and rubbed against her. Emma asked if they could be physically intimate because he had enjoyed touching her previously and now she was 18 years old and an adult. S.P. pulled away from Emma and went to the dorm room of a friend. As she left, Emma asked her to "forget everything [he] said and don't tell anyone." Police officers later monitored a pretext telephone call that S.P. placed to Emma. During the conversation, Emma apologized for his behavior and acknowledged it was wrong. In later police interviews, Emma admitted molesting S.P. as a child and recently asking her to be intimate with him. On May 29, 2014, the Ventura County prosecutor filed an amended felony complaint charging Emma with six counts of lewd acts with a child and alleging that Emma committed substantial sexual conduct with a child under 14 years old (counts 1 & 4). (§§ 288, subd. (a), 1203.066, subd. (a)(8).) The complaint also alleged that the prosecution was commenced prior to the victim's 28th birthday, pursuant to the limitations period of section 801.1, subdivision (a). Emma then waived his right to a preliminary examination, waived his constitutional rights, pleaded guilty to the six counts, and admitted the special allegations. Orally and in writing, Emma acknowledged that the trial court would order him to pay restitution to his victim. In writing, Emma acknowledged that he was entitled to a judicial determination of the amount of victim restitution, and that restitution would include noneconomic losses, including pain, suffering, and emotional distress. (§ 1202.4, subd. (f)(3)(F).) In accordance with Emma's plea agreement, the trial court sentenced him to five years in prison, consisting of three years for count 1 and two years for count 4, to be served consecutively. The court sentenced Emma to three-year terms on the remaining four counts, to be served concurrently. The court imposed a $300 restitution fine, a $300 parole revocation restitution fine (stayed), a $240 court security assessment, and a $180 criminal conviction assessment, and awarded Emma 284 days of presentence custody credit. (§§ 1202.4, subd. (b), 1202.45, 1465.8, subd. (a); Gov. Code, § 70373.)