Looks like Donny's attorney tried to have some of the charges dismissed yesterday and was denied.
A motion to dismiss a child molestation charge against Donny Pauling was denied Friday.
Yuba County Superior Court visiting judge James Dawson said sufficient evidence exists that the alleged victim was under the age of 14 when molestation occurred.
Defense attorney Roberto Marquez had argued a lack of clarity in the time frame of the alleged act. He raised issue with evidence that the girl moved in with Pauling in February 2011, the same year of her 14th birthday.
A criminal conviction of lewd and lascivious acts against a child under 14 is punishable by more time in prison than against a child 14 or over.
Based on the testimony detectives relayed from the victim during a preliminary hearing, she had vivid memories of the sexual activity occurring before her 14th birthday, Dawson said.
Pauling, who is charged for sexual acts with three minor girls, is scheduled to return to court Aug. 21.
Source: Appeal Democrat (scroll article or search Donny's name)
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