People v. Weems CA5

Filed 5/26/23 P. v. Weems CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F084327 Plaintiff and Respondent, (Kern Super. Ct. No. BF181090A) v.

SHAWN DURELL WEEMS, JR., OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, Judge. Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Darren K. Indermill, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

On January 12, 2022, the Kern County District Attorney filed an amended information charging appellant and defendant Shawn Durell Weems, Jr. (defendant) with sexual intercourse or sodomy with a child 10 years old or younger (count 1; Pen. Code, § 288.7, subd. (a)),1 lewd or lascivious act upon a child under the age of 14 years (count 3; § 288), two counts of oral copulation or sexual penetration of a child 10 years old or younger (counts 2 and 4; § 288.7, subd. (b)), and two counts of child molestation (counts 5 and 6, § 647.6, subd. (a)(1).) The information alleged that, as to count 3, the victim Jane Doe was “particularly vulnerable” under California Rules of Court, rule 4.421(a)(3). A jury convicted defendant on all charges and found the “particularly vulnerable” allegation true. The court sentenced defendant to 25 years to life on count 1, concurrent terms of 15 years to life on counts 2 and 4, a stayed (§ 654) term of six years on count 3, a stayed (§ 654) term of one year in jail on count 5, and a concurrent term of one year in jail on count 6.2 The court also imposed various fines and fees. FACTS Jane Doe lived with her father, J.P., from January 2020 until around late May 2020. Jane Doe was born in the second week of May 2014, so she was five years old during most of this timeframe. J.P.’s girlfriend and her brother, defendant, also lived at the home. Defendant goes by the nickname Peanut. Defendant showed Jane Doe a “bad” Little Mermaid movie on his phone. The mermaid “got on her dad,” they did “the bend-down thing,” and the dad put his private parts inside of Ariel.