People v. Dickens

Opinion

BEST, J. Defendant was convicted by jury of lewd and lascivious conduct with a child under the age of 14. (Pen. Code,1 § 288, subd. (a).) The jury also found true an allegation that defendant occupied a position of special trust and committed an act of substantial sexual conduct. (§ 1203.066, [745]subd. (a)(9).) Probation was denied as mandated by section 1203.066 and defendant was sentenced to state prison for the lower term of three years. The sole contention on appeal is that the evidence was insufficient to support the jury’s finding that defendant occupied a position of special trust within the meaning of section 1203.066, subdivision (a)(9). We affirm.

Factual Summary

Janessa R. was seven years of age when she arrived on Friday, March 28, 1986, to spend Easter weekend with her father, John R., and his wife, Rozemma. Rozemma had arranged for her stepsister, Melanie M., to babysit Janessa on the night of Saturday, March 29, at the home Melanie shared with defendant. Melanie and her 13-month-old daughter, Christa, had lived with defendant, James Dean Dickens, at his house in Oildale since July 1985. Defendant, Melanie and Christa made up one household unit. Defendant was not the father of Christa, but Melanie considered him a good father figure for her child.

John and Rozemma took Janessa to Melanie and defendant’s house about 7:30 or 8 p.m. on Saturday, March 29. John and Rozemma considered defendant, as well as Melanie, responsible for Janessa’s care. This was “cause they live at the same house. They live together. I [Rozemma] see them as one.” John “felt that he [defendant]—that he was responsible as well as Melanie since, previously stated, he took them to the park together, he played with her, you know, and he watched her at times.”

When John and Rozemma arrived with Janessa, defendant and Melanie had visitors, Melanie’s brother Mike and her friend Kathy Bigard. Later, Melanie’s brother Floyd arrived. During the evening, defendant did some drinking and had a couple of “hits” of marijuana.

During the evening, Janessa and defendant were playing in the living room, poking each other. Janessa stopped playing “[b]ecause [defendant] poked me really hard in my peepee and I fell down.” Janessa sat in a chair, ignored defendant and watched television. Defendant went back outside where they had a pipe which they were passing around.