P. v. Daniel
Filed 9/16/10 P. v. Daniel CA2/7
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
SEVEN
THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff and Respondent,
v.
WHITNEY DANIEL,
Defendant and Appellant.
B217005
(Los Angeles
County
Super. Ct.
No. SA049605)
APPEAL from a judgment of the Superior Court of Los Angeles
County. Katherine
Mader, Judge. Affirmed.
Joanna Rehm, under appointment by
the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney
General; Dane R. Gillette, Chief Assistant Attorney General; Pamela C.
Hamanaka, Senior Assistant Attorney General; Janet Neeley, Stephanie C. Brenan,
and Sarah J. Farhat, Deputy Attorneys General Deputy.
__________________________________
INTRODUCTION
In 2003,
Appellant Whitney Daniel pled no contest to oral
copulation with a minor and was ordered to register as a sex offender as
then required under Penal Code section 290.
After his probation terminated, Daniel filed a motion to eliminate his
lifetime sex offender registration pursuant to People v. Hofsheier (2006) 37 Cal.4th 1185. The trial court denied the motion. Daniel appeals the ruling, arguing that the
trial court abused its discretion in ordering him to continue to register as a
sex offender and committed various other errors. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Commitment
Offense and Sentencing
Whitney Daniel was the coach of a
women's club basketball team.[1] He met the victim, Ashley, at a basketball
camp when she was 14 years old. A year
later, Daniel recruited Ashley to play on his club team. Daniel also coached a high school basketball
team with Ashley's father, and he became close to the victim's family. Daniel and Ashley began spending time
together, frequently sharing details about their personal lives. They eventually became involved in a sexual
relationship that began with hugging and kissing and progressed to
petting. These acts normally occurred
during out-of-town basketball tournaments.
When the sexual conduct began, Daniel was 37 years old and Ashley was
16. Daniel was divorced from his first
wife, with whom he had two children, and was married to a second wife, with
whom he had two other children.
During the course of their
relationship, Daniel told Ashley that he was having problems with his wife and
would be staying in a hotel. Ashley
visited Daniel at the hotel and they had sexual intercourse. Over the next 14 months, Daniel and Ashley
repeatedly engaged in oral copulation and sexual intercourse. At the age of 17, Ashley became pregnant with
Daniel's child. The baby was
adopted.
On August 12, 2003, the Los Angeles
County District Attorney charged Daniel with seven counts of unlawful sexual
intercourse with a minor (Penal Code, § 261.5, subd. (c)), [2] a single count of oral
copulation with a minor (§ 288a, subd. (b)(1)), and a single count of forcible
lewd acts upon a minor (§ 288, subd. (b)(1)).
Daniel pled no contest to oral copulation with a minor under section
288a, subdivision (b)(1). The Probation
Officer's report recommended that Daniel be â€
| Description | In 2003, Appellant Whitney Daniel pled no contest to oral copulation with a minor and was ordered to register as a sex offender as then required under Penal Code section 290. After his probation terminated, Daniel filed a motion to eliminate his lifetime sex offender registration pursuant to People v. Hofsheier (2006) 37 Cal.4th 1185. The trial court denied the motion. Daniel appeals the ruling, arguing that the trial court abused its discretion in ordering him to continue to register as a sex offender and committed various other errors. Court affirm. |
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