People v. King CA3

Filed 8/27/21 P. v. King CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE, C092924

Plaintiff and Respondent, (Super. Ct. No. 20CR000751)

v.

WESLEY GEORGE KING,

Defendant and Appellant.

Defendant Wesley George King pleaded no contest to having engaged in a lewd act with a child under the age of 14. The trial court rejected defendant’s request for probation and sentenced him to the upper term of eight years in prison. Defendant now appeals his sentence, arguing that the trial court abused its discretion when it sentenced him to the upper term, by relying on improper aggravating factors. We affirm the judgment.

1

FACTS AND HISTORY OF THE PROCEEDINGS In 2019, J. Doe, a 13-year-old, reported to her mother that she had been molested by defendant, her biological grandfather. She estimated that he had molested her about 25 times. The molestation occurred over a five-month period. The first time defendant molested J. Doe was in the basement of her family home when he grabbed her and squeezed her buttocks and gave her a kiss on the lips. Other times he would reach under her top and squeeze her breasts and play with her nipple, after which he put his mouth on her nipple. She estimated he tried to put his finger in her vagina several times and was successful twice. She said it hurt her, and that he would try to make out with her by kissing her and putting his tongue into her mouth. The final time he molested her was in the kitchen, during which time he pulled up her top, and attempted to pull her shorts aside to reach her vagina but was unable to do so. He pulled her bra aside and fondled her breasts. He stopped when her grandmother entered the kitchen, but the grandmother did not see him molesting J. Doe. J. Doe had purposely worn tight fitting clothes on that day in an effort to make it difficult for defendant to get to her breasts or vagina, should he try to molest her. J. Doe said defendant usually did not speak when molesting her, but would ask her afterward, “did you like that?” or would tell her “this is our little secret.” Each time defendant molested her it lasted approximately 10 minutes. J. Doe eventually told her sister, who encouraged her to tell her parents. When the family confronted defendant, he admitted molesting J. Doe and said he knew what he did was wrong and that he should not have done it. When interviewed by police, defendant said he had touched his granddaughter’s breasts, “to make her happy.” He admitted his contact with her was inappropriate, but said he was not planning to have sex with J. Doe because he “wouldn’t do that with a