P. v. Reel CA2/6

Filed 5/9/16 P. v Reel 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B263237 (Super. Ct. No. 2014032317) Plaintiff and Respondent, (Ventura County)

v.

CHARLES STANLEY REEL, JR.,

Defendant and Appellant.

Charles Stanley Reel, Jr. was charged with continuous sexual abuse of a child. (Pen. Code, § 288.5, subd. (a).1) He pled guilty pursuant to a plea agreement providing that he would serve no more than six years in prison, the low term for the offense. He agreed that he would be ineligible for probation unless the trial court made the findings set forth in subdivision (d) of section 1203.066.2 The plea agreement further provided that the prosecution would oppose probation.

1 All further statutory references are to the Penal Code. 2 As relevant here, those findings are that (1) “rehabilitation of the defendant is feasible and ... the defendant is amenable to undergoing treatment, and ... is placed in a recognized treatment program designed to deal with child molestation immediately after the grant of probation”; (2) “the defendant [is prohibited] from being placed or residing

The trial court found that probation was inappropriate and sentenced Reel to six years in prison. Reel contends that the court abused its discretion by selecting state prison over probation. We affirm. FACTS AND PROCEDURAL BACKGROUND Reel lived in Ventura with his wife and three children. When victim N.P. was four years old, she moved in with her grandmother, who lived on the same street as Reel. N.P. became good friends with Reel’s eldest son and spent a lot of time at Reel’s home. She looked to Reel and his wife as parental figures. When she was around seven years old, she regularly ate and showered there and at times spent the night. Reel would take N.P. and his son to the pool at their mobilehome complex or the skate park. N.P. also went with them to family events and baseball games and on camping trips. On three or four occasions, N.P. and her sister were in the complex’s Jacuzzi with Reel when he exposed his genitals to them. Another time, N.P. came over and sat on Reel’s lap. Reel covered the two of them with a blanket, reached under her shirt, and rubbed her chest. He then reached underneath her shorts and underwear and moved his hand around. N.P. did not say anything but was “uncomfortable [and] scared to get up.” The incident lasted five to ten minutes. On subsequent occasions, he would rub her chest and vagina with his hand while seated on the recliner or the couch. One day N.P. went to Reel’s home looking for his son. Reel invited her inside and told her that his son was not home but that she could wait for him to return. N.P. sat on the edge of Reel’s bed. He played a video depicting a male and female and told N.P. that the female reminded him of her. Standing right behind her, he stated, “Do you mind if I take my clothes off?” N.P. placed her hand over her face to avoid seeing