California Court of Appeals, Fourth District, Second Division
FOR PARTIAL PUBLICATION [*]
from the Superior Court of San Bernardino County No.
FSB1502285. Kyle S. Brodie, Judge. Affirmed in part, reversed
in part, and remanded with directions.
A. Torres, under appointment by the Court of Appeal, for
Defendant and Appellant.
Becerra, Attorney General, Gerald A. Engler, Chief Assistant
Attorney General, Julie L. Garland, Assistant Attorney
General, Scott C. Taylor and Charles C. Ragland, Deputy
Attorneys General, for Plaintiff and Respondent.
convicted Stephen Darrell Taylor of numerous sex offenses
against his adopted daughters, Jane Doe 1 and Jane Doe 2. In
total, the jury convicted him on 12 counts. The trial court
sentenced him to prison for a one-year determinate term and
an aggregate indeterminate term of 165 years to life.
appeal, Taylor argues that the court erred by admitting
expert testimony on child sexual abuse accommodation syndrome
(accommodation syndrome) and instructing the jurors that they
could use that evidence to evaluate the victims'
credibility. He also asserts several sentencing errors. He
argues that the court erred by (1) imposing two indeterminate
terms under the former “One Strike” law (Pen.
Code,  former § 667.61, subd. (a)) for
two offenses that occurred during a single occasion, (2)
imposing multiple punishments for four counts of aggravated
sexual assault and four counts of lewd acts arising from the
same facts, and (3) imposing a restitution fine and court
operations and facilities fees without an ability to pay
agree that the court erred by imposing multiple punishments
on four counts of aggravated sexual assault (counts 1 through
4) and four counts of forcible lewd acts (counts 5 through 8)
that arose from the same conduct. Accordingly, we stay
Taylor's sentence on counts 5 through 8. We also agree
that the court should hold an ability to pay hearing, at
least as to the court operations and facilities fees. We
therefore reverse the order imposing those fees and remand
for a hearing on Taylor's ability to pay them. As to the
restitution fine, Taylor has forfeited his contention. We
otherwise reject Taylor's arguments and affirm.
Offenses Against Doe 1
was 18 years old when she testified at trial. She and Doe 2
are sisters. Doe 1, Doe 2, and their younger brother and
sister were placed in the Taylor household as foster
children. Doe 1 was in preschool when she was placed with the
Taylors. They adopted her, but she did not recall at what
age. She was removed from their home in 2008, when she was
about nine years old.
respect to Doe 1, the amended information charged Taylor with
four counts of aggravated sexual assault (rape) of a child
(§§ 261, subd. (a)(2), 269, subd. (a)(1)), one
count for each year between 2004 and 2008. It also charged
him with four counts of forcible lewd acts on a child (§
288, subd. (b)(1)), one count for each year between 2004 and
was five years old when Taylor first raped her, and he
continued to do so approximately once per week until she was
removed from his home. He would take off his clothes and
insert his penis into her vagina. She tried to push him off
of her sometimes but was unable to do so. She told Taylor
that she was going to report his sexual abuse. He said no one
would help her or believe her because she was a child.
and his wife physically abused Doe 1 by hitting her with
belts, hangers, or spoons. Doe 1 told a social worker
investigating the physical abuse about Taylor's sexual
abuse. The social worker talked to Taylor's wife about
it, and his wife “hit [Doe 1] for that.” Doe 1
was removed from the Taylor household because of the physical
later, in 2013, Doe 1 disclosed Taylor's sexual abuse to
her foster mother. In March 2013, a forensic interviewer
spoke with Doe 1, and a forensic pediatrician examined her.
Detective Jason Frey of the San Bernardino County
Sheriff's Department observed Doe 1's interview with
the forensic interviewer. She reported that Taylor would
remove his clothes, remove her clothes, and insert his penis
into her vagina.
forensic pediatrician concluded with reasonable medical
certainty that Doe 1 had sustained a penetrating injury to
her genitalia. The doctor discovered two abnormalities in Doe
1's genital area. She had a scar and tissue missing from
her hymen. The abnormalities indicated that Doe 1 had
suffered a penetrating injury that tore her hymen. Together
with Doe 1's disclosures during interviews, the
doctor's findings were “highly suspicious for
April 2015, Detective Frey called Taylor and pretended to be
a counselor who was treating Doe 1. The detective had his
wife pretend to be Doe 1 on the phone call. The
detective's wife confronted Taylor about the sexual
abuse. Taylor did not directly acknowledge the abuse but did
not deny it. When the detective's wife, acting as Doe 1,
asked Taylor “if he hated her when he did the sex
things to her, ” Taylor said that he did not hate her,
but he hated himself. He apologized to her more than once
during the conversation. He also told her that he was
sexually abused as a young boy, and “it took him many
years to forgive that person.” He said that forgiving
someone meant “‘[t]o forgive and never bring it
2015, Detective Frey and another officer interviewed Taylor
at the sheriff's station. Taylor initially denied
sexually abusing Doe 1 but then admitted to twice penetrating
her vagina with his finger and twice penetrating her vagina
with his penis.
this same time, Taylor's son confronted Taylor about Doe
1's and Doe 2's allegations of sexual abuse. Taylor
said, “some of it was true, ” and he specifically
admitted to “‘penis penetration, '” but
would say nothing further.
Offenses Against Doe 2
was 19 years old when she testified at trial. Taylor and his
wife adopted Doe 2 at age five, and she was removed from
their home at about age 10. She is deaf and learned sign
language at age 11, after she left the Taylor household.
Taylor and his wife did not know sign language. Doe 2
communicated with them using their “home language,
” which she described as “very basic signs, very
respect to Doe 2, the amended information charged Taylor with
three counts of lewd acts on a child (§ 288, subd. (a))
and one count of attempted forcible lewd act on a child
(§ 288, subd. (b)(1)), all occurring between January
2003 and January 2008. This was roughly the five-year period
during which Doe 2 lived in the Taylor household.
prosecutor began by asking Doe 2 what Taylor did “when
he touched [her] in a sexual way.” Doe 2 replied:
“When I would get in my bed in my room he would come
into bed with me. He would take off my clothes. I would tell
him, no, no. And then his wife would come out and he
quickly-when his wife would come in the bedroom he would
quickly get out of my bedroom.” The prosecutor asked
how many times that happened, and Doe 2 said twice. She said
that he touched her breasts when he took off her clothes, and
then explained that he did not completely take off her shirt,
but just lifted it up and “cupped” her breast. He
stopped because his wife arrived home. The prosecutor asked
if she remembered telling an interviewer that Taylor had
touched her breasts over her clothing. Doe 2 replied that she
remembered telling the interviewer that, and the incident did
occur. She did not remember anything more specific about that
cross-examination, Doe 2 specified that the first time Taylor
touched her breasts, it happened in his bedroom during the
afternoon. Taylor's wife was not home. Doe 1 was outside
playing in the yard. Doe 2 was not sure where her two younger
siblings were. The incident stopped when Taylor's wife
came home. The second time he touched her breasts also
occurred in his bedroom. It was the afternoon again, and Doe
1 and her other siblings were in the yard. Again,
Taylor's wife was not home.
initially said that she did not remember Taylor engaging in
any other “sexual touching” with her. But then
the prosecutor asked if she remembered telling the
interviewer that Taylor tried to make her touch his penis.
She recalled telling the interviewer that and described the
incident. Taylor's wife was not there on this occasion,
and Doe 2's “brother and sister were out and
about.” Taylor tried to “force [her] head down to
him.” His pants were unzipped, but she did not see his
penis because she closed her eyes. She said, “no,
” and went to brush her teeth “because it smelt
cross-examination, defense counsel referred to the
“third incident involving [Taylor] pushing [Doe
2's] head” and asked if Doe 2 recalled what year
that happened. She did not recall, but it was probably
summer. Doe 1 was at home watching television, but Doe 2 was
unsure where her younger siblings were. Taylor's wife was
again not home.
prosecutor also asked Doe 2 if she remembered telling the
interviewer about an incident in which Taylor “called
[her] to go to his room and he was not wearing a
shirt.” They had the following exchange:
Do you remember what happened during that time?
That's what I was explaining before.
I'm not sure what you mean. You were explaining what
Yeah, that's what I was telling you about the first
The one where he touched your breasts?
When he touched my breasts.
Do you remember also telling the interviewer that he tried